Professional Democrats Are Bad at Their Jobs: The 14th Amendment Edition

When I use the phrase ‘professional Democrats’, I don’t just mean actual politicians and their sundry advisors and staff, but also organizations that typically align with Democrats. And they’re just so bad at this. Today’s episode involves the attempt to use the 14th Amendment to circumvent the debt ceiling* (boldface mine):

Eleven senators (Sanders, Smith, Warren, Markey, Merkley, Hirono, Welch, Blumenthal, Reed, Whitehouse, and Fetterman) have now asked Biden to “exercise your authority under the 14th Amendment of the Constitution, which clearly states: ‘the validity of the public debt of the United States … shall not be questioned.’” Initially, there were five senators on that letter. Fetterman issued his own solo statement along similar lines today, as did Warren. Sen. Angus King (I-ME), who is not exactly on the left side of the caucus, also urged a 14th Amendment option. “I think there’s some very strong legal arguments. The 14th Amendment is pretty explicit,” he told Semafor

The thing is, the 14th Amendment option is in court, right now. There’s a complaint and a docket and everything. If that case could be decided ahead of time, there would be no legal chaos. But the plaintiffs in that case appear to have neglected to file in such a way that would lead to rapid action, which some have called a form of legal malpractice

I wrote last week that the National Association of Government Employees [NAGE], which is affiliated with SEIU, filed that case, arguing that their members were at risk of being furloughed or fired if the debt ceiling was hit…

Inexplicably, the plaintiffs did not file a motion for a TRO or preliminary injunction. As a result, this case—which could clear up the legal quagmire that Biden says is preventing him from invoking the 14th Amendment—has seen no action in the week and a half since it’s been filed, with less than two weeks to go until the X-date

That’s why I’ve felt that a government bondholder is a better plaintiff for this case. But NAGE could have simply become a government bondholder by purchasing a one-month Treasury bill. That would have generated the current financial loss. This path was also not taken.

It was initially promising that someone was thinking ahead enough to file a case that would force a decision on the 14th Amendment and the constitutionality of the debt ceiling statute before the looming X-date. But by failing to do so properly, the case has become far less relevant. That’s a shame, because it’s taken an arrow out of the quiver of a president who has put himself in a terrible negotiating stance.

If the Democratic Party and its aligned groups are going to be subservient to Big Elite Lawyer brain, could it actually hire competent lawyers? Maybe even game out some outcomes?

They are not good at all of this, and it could end up really hurting Americans.

*Of course, Biden should just mint a platinum coin, then wear it around his neck on a big ass chain. When someone gives him shit, he should just point to the coin and say, “COIN. MOTHERFUCKER.”

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1 Response to Professional Democrats Are Bad at Their Jobs: The 14th Amendment Edition

  1. John says:

    “They are not good at all of this”. I beg to differ. At least some of them are good at doing what they want. The problem is that “this” is contrary to what they want. Some of them are saboteurs.

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