Government Employees Sue President Biden and Treasury Secretary Yellen

( – The US National Association of Government Employees, also known as NAGE, filed on Monday morning a lawsuit that prevents the enforcement of a law that sets the United States’ debt limit. The motion contends the law is not constitutional as political division over raising the borrowing limit reaches its peak. Nearly 75,000 federal employees are represented by NAGE, which claims that once the cap is reached, members of its membership face an immediate risk of termination or furlough.

This lawsuit argues that Treasury Secretary Janet Yellen and US President Joe Biden will be forced to determine which payments to prioritize if the debt limit is finally reached. The situation violates the separation of powers as this decision takes over the Congress’ spending authority.

The complaint states that the “Debt Limit Statute is unconstitutional” as it requires the President to choose between continuing to borrow funds to pay for authorized programs or suspending, curtailing, or cancelling these programs without congressional approval.

Last week, Yellen said that the United States could default as early as June 1st in the case there’s no raise of the borrowing limit. Experts pointed out this was good news since the president and Republican House Speaker Kevin McCarthy had enough to negotiate and struck a deal.

The group also pointed out in its complaint that the President’s unauthorized furloughs and layoffs will cause Plaintiff NAGE members’ irreparable harm. It argued this will inevitably happen until and unless this Debt Limit Statute is properly changed to permit the lower house to know the priority of payments among particular programs when the limit is reached.

The lawsuit, which was filed in the Massachusetts’ federal trial court, also explained that every government debt must be paid under the 14th Amendment, which points out that the American public debt validity “shall not be questioned.”

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