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Officials in the Biden administration are debating a challenge to the debt limit that is based on the 14th Amendment’s public debt clause.

The president and his aides, the Times reports in an apparent trial balloon, are weighing a scheme to mount ‘a constitutional challenge to the debt limit.’

That option is effectively a constitutional challenge to the debt limit. Under the theory, the government would be required by the 14th Amendment to continue issuing new debt to pay bondholders, Social Security recipients, government employees and others, even if Congress fails to lift the limit before the so-called X-date.

Forty years and more than 2,000 issues after it began, the INDY is still producing powerful news and culture journalism grounded in progressive politics.

As the government heads toward a possible default on its debt as soon as next month, officials are entertaining a legal theory that previous administrations ruled out.