Joe Biden gets on board with an idea whose time is coming - use the Senate 'nuclear option' to put debt ceiling legislation beyond the filibuster. Both parties have done this with judges and Cocaine Mitch says he is fine with raising the debt ceiling as long as there are no Republican votes backing it.
Prior to the crushing defeats in the Georgia Senate run-offs that gave Sen. Schumer 50 votes in the Senate, Republicans warned that in such a scenario Democrats would end the filibuster entirely and squeeze through bills on DC statehood and an expanded Supreme Court with 50 votes plus VP Harris. Sen. Manchin has rejected that concept but he was apparently silent on nuking the filibuster:
Senate Democrats discussed carving out the exception at their weekly lunch on Tuesday. No conclusions were reached, but notably, according to participants, the two strongest opponents of filibuster changes, Senators Joe Manchin III of West Virginia and Kyrsten Sinema of Arizona, did not speak up in protest. They also did not speak up in support.
This debt ceiling stand-off will be resolved with a gimmicky trick play. My current guess ranks the nuclear option at Number One because it is quick and no more politically painful than reconciliation. Reconciliation is my second guess - its cumbersome and uses a scarce resource since per the current Senate "rules" (LOL) the Dems can only use it twice per session. (Their current plan is to use their second Reconciliation Card on the shrinking $3.5 trillion Social Justice and More bill, but they may do that next January in a new session.)
My third choice is a gadget play to be named later. The fourth choice last gasp is the Trillion Dollar Platinum coin. I don't think the coin is "legal" within the spirit of the law but in the current environment the real question is, can Treasury and Fed lawyers agree its 'legal enough', given the dire alternatives? As a recent example of this mentality, Biden extended the CDC eviction moratorium knowing the courts would eventually shoot it down (The Supreme Court did so, three weeks later.)
As to the platinum coin, I agree with this from Krugman:
Would any of these approaches basically mean using silly gimmicks to avoid catastrophe? Possibly yes. But given the stakes, who cares if the approach sounds silly?
Would using any of these gimmicks involve violating the spirit of the law even if they technically obey the letter? Of course — but Republicans are already doing that through their abuse of the debt ceiling.
Would any attempt to do an end run around the debt ceiling face court challenges? Yes. But the legal process would at the very least buy time to devise a better solution.
Well, yes - the trillion dollar coin is a terrible idea (per SecTreas Yellen!) but maybe not compared to the other terrible ideas on the menu. As to legal challenges, there is a real question about just who might have standing to sue if a coin were issued.
We should find out soon enough. My money is on nukes.
ERRATA: Rohan Grey, a young progressive professor, has a solid piece on the legal background to a platinum coin. We chatted on Twitter and I came away agreeing that the coin is legal enough that Federal Reserve lawyers could make a political decision to go either way. On the one had, I'd say that accepting the coin calls into question their independence. OTOH, rejecting it puts them in the role of refereeing a partisan Executive-Legislative showdown during a bond market meltdown. Both paths are perilous.
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