U.S. oil refiners bet the farm Biden will back them on biofuels

By Jarrett Renshaw and Stephanie Kelly

(Reuters) – U.S. merchant oil refiners like Monroe Energy and PBF Energy Inc are playing chicken with the White House, taking moves in the biofuels credit market that could force them to close plants and fire union workers unless the Biden administration bails them out by changing the rules on blending biofuels in gasoline.

Merchant refiners have long tried to dismantle a U.S. law requiring them to blend biofuels like ethanol into their fuel or buy credits from competitors who do.

But until very recently, they largely continued to participate in the multibillion-dollar credit market by buying credits to offset their production, a Reuters analysis of earnings releases shows. Now, some of these refiners are building up record short positions in the credits.

They are betting U.S. President Joe Biden will ultimately side with refiners and their union supporters and roll back the law, known as the U.S. Renewable Fuel Standard (RFS), experts interviewed by Reuters said, but this would anger the Farm Belt.

Refiners have leverage right now because rising fuel prices are hurting Biden’s poll ratings.

“This is nothing more than a political shakedown,” Brooke Coleman, executive director of the Advanced Biofuels Business Council, told Reuters. “These refineries are daring the Biden White House to make them lie in the bed they made by intentionally running up massive short positions,” on biofuel credits.

LIABILITIES SKYROCKET

Refiners who had little outstanding biofuel credit liabilities a year ago have let them climb to record highs in the third quarter, according to a review of their latest financial filings.

* Monroe Energy, a subsidiary of Delta Airlines, , has increased its potential biofuel liabilities to a company record of $547 million by the end of the third quarter, up from just $68 million a year prior, the latest filing shows.

* PBF Energy Inc has amassed a $1.3 billion credit liability from halting or slowing purchases, according to its third quarter filing, up from $236 million a year earlier.

* CVR Energy, whose majority owner is billionaire Carl Ichan, has a $442 million credit liability, according to the company’s third quarter filing, up from $83 million a year earlier.

None of the companies responded to requests for comment.

“This whole situation is proof of how broken the RFS program is. … the program is making it more expensive to produce gasoline and diesel in the United States,” Chet Thompson, President of American Fuel & Petrochemical Manufacturers said on Thursday.

In 2017, Carlyle Group-backed Philadelphia Energy Solutions (PES) stopped buying compliance credits, eventually amassing a $350 million outstanding obligation before it eventually filed bankruptcy. The U.S. Environmental Protection Agency (EPA), as part of the bankruptcy hearings, waived about half of those costs.

The PES refinery eventually shut after a massive explosion in 2019.

“PES taught the market that you can play chicken with the EPA and win. It’s a form of civil disobedience of the law,” said Ed Hirs, an energy economist at the University of Houston.

Hirs said shorting the market is clearly a strategic play, but the gambit carries great risk.

“If the administration doesn’t buckle, then these companies will have to pay billions of dollars to comply. That could force Monroe Energy into bankruptcy and we will see if Delta reaches into its pockets to bail out the refinery,” Hirs said.

HISTORIC YEAR FOR CREDITS

Refiners must turn in the compliance credits to the EPA by March for the previous year, giving them plenty of flexibility on when they take these costs. In the past, refiners purchased biofuel credits daily to match their production, even though they could defer buying if they believe the prices are too high or to manage cash flow.

Prices for the compliance credits, known as RINs, have traded erratically in a historic year for the market. After hitting an all-time record in June at $2.00 each, renewable fuel (D6) credits traded at $1.08 on Wednesday. That level is still above where they started the year at about 80 cents.

In September, Reuters reported that the Biden administration was considering big cuts to the blending requirements. Such a move would anger farm-state voters, so a decision has been delayed as Democratic lawmakers try to pass other big-ticket bills.

DISRUPTIVE SHUTDOWN THREATENED

Refiners have argued to the White House that the higher RIN costs have boosted prices for gasoline, which have hit above $3.40 per gallon. They have noted that the plants, including ones in Biden’s home state of Delaware, offer high-paying union jobs.

Now at least one producer is threatening to shut a refinery over outstanding biofuel liabilities the company has run up.

In recent weeks, Monroe Energy has made a presentation to various stakeholders, including local politicians and labor leaders, painting a stark outlook for its refinery outside Philadelphia, according to two sources who have seen the documents.

The company presentation made clear that either the Biden administration intervenes and rolls back U.S. biofuel laws or its around 200,000 barrel-per-day refinery will be forced to shut its doors and lay off hundreds of union workers, the sources said.

If the Biden administration fails to intervene and prices stay at current levels, the Delta refinery would have to go into the market and settle a significant portion of its $547 million liability in upcoming months.

The refinery recorded a $186 million loss in the first three quarters of 2021, filings show.

“They made it clear that this is the hill they are preparing to die on,” said a source who has seen the presentation.

(Reporting By Jarrett Renshaw and Stephanie Kelly; Editing by David Gregorio)

U.S. borders reopen, but not for asylum seekers stuck in Mexico

By Kristina Cooke, Mica Rosenberg and Caitlin O’Hara

NOGALES, Mexico (Reuters) – Leo fled his hometown in southern Mexico after his uncle was murdered by gang members and he received death threats. Earlier this year, he, his wife and their two children headed to the U.S.-Mexico border hoping to claim asylum.

After months of waiting, he hoped he would finally get his chance on Monday. But even as U.S. borders opened for travelers vaccinated against COVID-19, they remained closed to asylum seekers.

When Leo, 23, and his family approached the port of entry in Nogales, Mexico with his and his wife’s vaccination cards in hand, they were told by a border official they could not enter and seek asylum.

“I feel dispirited and sad,” said Leo, who asked his last name not be published for fear of reprisals from the gang he fled. President Joe Biden “is just continuing the same policies of Donald Trump.”

Biden has kept in place a controversial U.S. Centers for Disease Control and Prevention (CDC) order, first implemented by his Republican predecessor Trump in March 2020, that allows migrants to be immediately expelled without an opportunity to seek asylum.

The Biden administration has said the CDC’s order, known as Title 42, remains necessary to prevent the spread of COVID-19, as asylum seekers are processed in crowded settings at the border.

Any foreign national attempting to enter the United States without proper documentation will be subject to expulsion regardless of vaccination status, according to the Department of Homeland Security.

Advocates have criticized the Biden administration’s continuation of the expulsion policy as borders reopen.

The idea that a vaccinated asylum seeker is more of a risk than a vaccinated tourist is laughable, said Noah Gottschalk, global policy lead with Oxfam America, one of the advocacy groups suing the Biden administration to overturn the Title 42 order. Gottschalk said the exclusion of vaccinated asylum seekers strengthens the group’s argument that the policy isn’t about public health.

In September, a federal judge ordered the Biden administration to stop expelling family units – parents or legal guardians arriving with their children – under the Title 42 order. The administration appealed, and a higher court put the judge’s ruling on hold as the case moves forward.

Last month, more than 1,300 medical professionals signed letters to the CDC urging it to end the border expulsions order, saying it lacked epidemiological evidence to justify it and put migrants at risk.

New York-based nonprofit Human Rights First has documented more than 7,600 kidnappings and other attacks on migrants stuck in Mexico who were blocked from entering the United States since Biden took office in January.

Leo has been working in construction to pay rent in Nogales, but he says his earnings are not enough to support his family. “They abuse you because they know you are not from here, they pay you what they want,” he said.

He is also worried about his children getting hit by a stray bullet when gunshots ring out at night. The U.S. State Department recommends Americans reconsider travel to the Mexican state of Sonora, where Nogales is located, due to crime and kidnapping.

“We were fleeing a place that was dangerous,” said Leo. “And here it is the same.”

(Reporting by Kristina Cooke in San Francisco, Mica Rosenberg in New York and Caitlin O’Hara in Nogales, Mexico; Editing by Mary Milliken and Karishma Singh)

Analysis – COVID-19 pills are coming, but no substitute for vaccines, disease experts say

By Julie Steenhuysen

CHICAGO (Reuters) – Oral antiviral pills from Merck & Co and Pfizer Inc/BioNTech SE have been shown to significantly blunt the worst outcomes of COVID-19 if taken early enough, but doctors warn vaccine hesitant people not to confuse the benefit of the treatments with prevention afforded by vaccines.

While 72% of American adults have gotten a first shot of the vaccine, according to a Kaiser Family Foundation poll, the pace of vaccination has slowed, as political partisanship in the United States divides views on the value and safety of vaccines against the coronavirus.

Vaccine mandates by employers, states and the administration of U.S. President Joe Biden have helped increase vaccinations but also fueled that controversy.

Some disease experts fear the arrival of oral COVID-19 treatments may further impede vaccination campaigns. Preliminary results of a survey of 3,000 U.S. citizens by the City University of New York (CUNY) School of Public Health suggest the drugs could “hamper the effort to get people vaccinated,” said Scott Ratzan, an expert in health communication at CUNY, who led the research.

Ratzan said one out of every eight of those surveyed said they would rather get treated with a pill than be vaccinated. “That is a high number,” Ratzan said.

The concern follows news on Friday from Pfizer, maker of a leading COVID-19 vaccine, that its experimental antiviral pill Paxlovid cut the risk of hospitalization and death from the disease by 89% in high-risk adults.

Pfizer’s results followed news from Merck and partner Ridgeback Biotherapeutics on Oct. 1 that their oral antiviral drug cut hospitalization and death by half. That drug, known as molnupiravir, won conditional approval in the UK on Thursday. Both need clearance from U.S. health regulators but could be on the market in December.

“By relying exclusively on an antiviral drug, it’s a bit of a roll of the dice in terms of how you will do. Clearly, it’s going to be better than nothing, but it’s a high-stakes game to play,” said Dr. Peter Hotez, a vaccine expert and professor of molecular virology and microbiology at Baylor College of Medicine.

Six infectious disease experts interviewed by Reuters were equally enthusiastic about the prospect of effective new treatments for COVID-19 and agreed they were no substitute for vaccines.

Even in the face of the highly transmissible Delta variant of the virus, the vaccines from Pfizer/BioNTech remain effective, cutting the risk of hospitalization by a combined 86.8%, according to a government study of U.S. veterans.

They said some unvaccinated people have already relied on monoclonal antibodies – drugs that need to be delivered through intravenous IV infusions or injections – as a backstop in case they become infected. “I think the Pfizer news is terrific news. It goes hand in hand with vaccination. It doesn’t replace it,” said Dr. Leana Wen, an emergency physician and public health professor at George Washington University and Baltimore’s former health commissioner.

Choosing not to get vaccinated “would be a tragic mistake,” said Albert Bourla, chief executive officer of Pfizer Inc. “These are treatments. This is for the unfortunate who will get sick,” Bourla told Reuters in an interview on Friday. “This should not be a reason not to protect yourself and to put yourself, your household and society in danger.”

ANTIVIRAL CHALLENGES

One main reason not to rely on the new pills, the experts said, is that antiviral medications, which stop the virus from replicating in the body, must be given in a narrow window early in the disease because COVID-19 has different phases.

In the first phase, the virus rapidly replicates in the body. A lot of the worst effects of COVID-19, however, occur in the second phase, arising from a defective immune response that gets triggered by the replicating virus, said Dr. Celine Gounder, an infectious disease expert and the CEO and founder of Just Human Productions, a non-profit multimedia organization.

“Once you develop shortness of breath or other symptoms that would lead you to be hospitalized, you are in that dysfunctional immune phase where the antivirals are really not going to provide much benefit,” she said. Hotez agreed. He said getting treated early enough could be challenging because the window when the virus transitions from the replication phase to the inflammatory phase is fluid. “For some people, that will happen earlier; for some, later,” Hotez said. Hotez said many people in the early phase of the illness feel surprisingly well and may be unaware that their oxygen levels are dropping, one of the first signs that the inflammatory phase of the disease has started. “Oftentimes, you’re not going to realize that you’re getting sick until it’s too late,” he said.

(Reporting by Julie Steenhuysen; Additional reporting by Josephine Mason in London, Deena Beasley in Los Angeles and Manojna Maddipatla in Bengaluru; editing by Caroline Humer and Grant McCool)

Biden COVID-19 vaccine mandate for private-sector workers to begin Jan. 4

By Nandita Bose, David Shepardson and Ahmed Aboulenein

WASHINGTON (Reuters) -President Joe Biden will enforce a federal mandate that workers at U.S. companies with at least 100 employees be vaccinated against COVID-19 or be tested weekly starting on Jan. 4, a reprieve to businesses facing labor shortages during the holiday season, U.S. officials said on Thursday.

Biden’s separate vaccine requirement for federal contractors has been delayed a month to Jan. 4, officials added, while millions of workers in healthcare facilities and nursing homes participating in the Medicare and Medicaid government healthcare programs will need to get their shots by the same date.

The action on the private-sector vaccinations was taken under the U.S. Occupational Safety and Health Administration’s (OSHA) emergency authority over workplace safety, officials said. The mandate applies to 84.2 million workers at 1.9 million private-sector employers. Another 18.5 million workers for those employers are exempt because they either work remotely or outside all the time, OSHA said.

“While I would have much preferred that requirements not become necessary, too many people remain unvaccinated for us to get out of this pandemic for good. So I instituted requirements – and they are working,” Biden said in a statement.

OSHA estimates that 31.7 million of covered workers are unvaccinated and 60% of employers will require vaccinations, up from 25% today, resulting in another 22.7 million employees getting vaccinated.

The administration’s various vaccine rules cover 100 million employees, about two-thirds of the U.S. workforce, the White House said. OSHA will consider during a 30-day public comment on the private-sector rule expanding the mandate to cover businesses with fewer than 100 workers, officials said.

The private-sector mandate is likely to trigger legal challenges and a legal battle hinging upon on the rarely used law on which the action was based and questions over the constitutional limits of federal power and authority over healthcare practices. The administration said the action falls well within OSHA’s authority.

The U.S. Chamber of Commerce, the nation’s largest business lobbying group, said the administration “made some significant adjustments” in the rule that reflect concerns raised by the business community.

Other industry groups voiced concerns. The Retail Industry Leaders Association said the 60-day implementation timeline is insufficient and that it wanted 90 days.

“It falls short of the 75 days the government originally gave itself to implement a mandate on federal employees – a period they have now lengthened for government contractors while imposing a much stricter standard on the private sector,” the group said.

Some of the nation’s largest unions such as the United Auto Workers (UAW) said they will review the rule to determine how it affects current workplace protocols.

The 490-page regulation is known as a Emergency Temporary Standard (ETS). Senate Republicans said they would try to repeal it using a law known as the Congressional Review Act.

“The administration wouldn’t move forward unless they thought that they could defend it legally. … I think the constitutional challenges are all going to fail,” said Donald Verrilli, U.S. solicitor general during former President Barack Obama’s administration, told Reuters.

DANGEROUS SURGE

Biden in September unveiled plans for the mandate, seeking to increase vaccination rates amid a dangerous surge in COVID-19 cases and get more people back to work. In meetings with companies and industry groups representing retailers, logistics firms and construction workers, executives asked the administration to delay implementation until after the New Year, citing concerns about worker shortages during the important holiday season.

Employers will not be required to provide or pay for tests. The administration estimates that about 5% of employees covered by the rule will seek and receive religious or medical accommodations.

Failure to comply with the mandate would trigger fines of about $14,000 per violation, which would increase with several violations, officials said. They did not specify whether workers would be fired for refusal to be vaccinated or tested.

A company can have all its workers unvaccinated under the rule as long as they get tested regularly and wear masks, officials said.

A recalcitrant minority of Americans has refused to be vaccinated. About 70% of U.S. adults have been fully vaccinated and 80% have received at least one shot, according to the latest data. An average of about 1,100 Americans are dying daily from COVID-19, most of them unvaccinated. COVID-19 has killed more than 745,000 Americans.

“We have to do what is right for our workforce,” Labor Secretary Marty Walsh told reporters.

The rule for healthcare workers covers more than 10 million people, of which around 70% have already been vaccinated, officials said. It applies to around 76,000 healthcare providers that receive Medicare or Medicaid reimbursements including hospitals, nursing homes, dialysis centers, ambulatory surgical settings and home-health agencies.

The administration said it stopped short of requiring further workplace measures involving workplace distancing, barriers, ventilation and sanitation.

(Reporting by Nandita Bose, David Shepardson and Ahmed Aboulenein in Washington and Tom Hals in Wilmington, Delaware; Editing by Will Dunham, Chris Sanders and Shri Navaratnam)

Biden meets with France’s Macron, calls U.S. ‘clumsy’ in submarine deal

By Jeff Mason and Michel Rose

ROME (Reuters) -President Joe Biden on Friday called U.S. government actions “clumsy” during his first meeting with French President Emmanuel Macron since a diplomatic crisis erupted last month over a U.S. security pact with Britain and Australia.

Biden used the meeting at the G20 summit in Rome, Italy, to try to turn the page on a relationship that came under strain over the U.S.-Australia security alliance, known as AUKUS, which also includes the United Kingdom. The pact effectively canceled a 2016 Australian-French submarine deal.

The U.S. decision to secretly negotiate a new agreement drew outrage from Paris. France temporarily recalled its ambassador from Washington, canceled a gala in the U.S. capital and officials accused Biden of acting like former President Donald Trump.

“I think what happened was, to use an English phrase, what we did was clumsy. It was not done with a lot of grace,” Biden said. “I was under the impression certain things had happened that hadn’t happened. And – but I want to make it clear: France is an extremely, extremely valued partner – extremely – and a power in and of itself.”

Biden also said the United States does not have an older and more loyal ally than France and that there is no place in the world where the United States cannot cooperate with France.

“I was under the impression that France had been informed long before that the deal was not going through. I, honest to God, did not know you had not been,” Biden told Macron.

Macron said his meeting with Biden was “important” and that it was essential to “look to the future” as his country and the United States work to mend fences.

“What really matters now is what we will do together in the coming weeks, the coming months, the coming years,” Macron said.

Since the rift erupted, Washington has taken several steps to fix the relationship.

Biden and Macron spoke to each other last week. Secretary of State Antony Blinken also visited Paris, where he acknowledged the United States could have “communicated better.” Vice President Kamala Harris also announced that she would travel to Paris in November and meet with Macron.

Biden and Macron met at the Villa Bonaparte, the French embassy to the Vatican, which a French diplomat said was a significant mark of goodwill from Biden.

“It’s an important gesture,” the French diplomat said, adding that the United States recognized that it underestimated the impact of its actions.

France now wants to see if Biden follows his words with actions. “Trust is being rebuilt. This is one step. Tokens of goodwill were given, we’ll see whether they follow through over the long term,” the diplomat said.

(Reporting by Jeff Mason and Michel Rose in Rome, Writing by Nandita Bose and Patricia Zengerle in Washington, Editing by Franklin Paul, Heather Timmons, David Gregorio and Marguerita Choy)

Migrants’ hopes dashed by surprise deportation to Haiti from U.S. border

By Daina Beth Solomon

MEXICO CITY (Reuters) – Haitian migrant Nikel Norassaint did not know where he was headed when Mexican migration officials put him on a flight last week in the southeastern city of Villahermosa, days after they had detained him near the U.S.-Mexico border.

The sea below was his only clue until the plane touched down in Port-au-Prince a few hours later, his first time in the country in five years.

“I said, ‘Wow, I’m in Haiti,'” Norassaint, 49, recalled. “My heart almost stopped.”

Norassaint, who has lived abroad for two decades, and another Haitian migrant on the flight said they were stunned to be returned to their homeland without warning.

They joined some 7,000 people expelled to Haiti from the United States after more than double that number amassed last month at an encampment in Del Rio, Texas on the Mexican border. Mexico has sent 200 people total back to Haiti as well.

Migrant advocacy groups and even a former U.S. special envoy to Haiti have condemned deportations to the Caribbean country beset by poverty and violence as inhumane, casting doubt on pledges from both the administration of U.S. President Joe Biden and Mexico’s President Andres Manuel Lopez Obrador to aid struggling migrants.

Norassaint said he had been hopeful that Biden, who had advocated for a “humane” immigration policy, had “opened the door” for migrants when he crossed into Del Rio to seek entry to the United States.

But he decamped to Mexico once word began to spread of U.S. deportations. Migration officials detained him in the city of Ciudad Acuna opposite Del Rio and then bused him 930 miles (1,500 km) south to Villahermosa.

The Mexican government’s National Migration Institute (INM) had described the Sept. 29 flight to Port-au-Prince with 70 migrants on board as “voluntary assisted return.”

But for Norassaint, who lived in the Dominican Republic for 16 years before resettling in Chile in 2018, nothing about going back to Haiti was a matter of choice.

“There’s no work, it’s unsafe, there was an earthquake, many people are dead,” he said, noting even President Jovenel Moise was assassinated in July.

When asked about Norassaint’s experience, Mexico’s migration institute said it followed legal administrative protocol to return people to Haiti.

MIGRATION POLICY OF ‘EUPHEMISMS’

Jose Miguel Vivanco, head of Human Rights Watch in the Americas, said in an opinion article on Sunday that the group has documented past instances of Mexican officials pressuring migrants to agree to “voluntary” returns, and described the country’s migration policy as “riddled with euphemisms.”

The migration institute sent another 130 migrants back to Haiti by plane on Wednesday; that flight was not labeled “voluntary.” A video of migrants boarding the plane, filmed by a migrant rights activist and posted on social media, showed one man jumping from the stairs and dashing across the tarmac.

Norassaint is now staying with family in the coastal city of Miragoane and asking relatives in the United States to send money because he cannot withdraw funds from his Chilean bank account.

His 12-year-old daughter and 17-year-old stepson are still in Mexico with their mother.

Another man on the flight, Alfred, also mourned his surprise deportation to Haiti after he left the country in 2009 to live in the Dominican Republic, and then Chile.

He hoped to reach the United States to escape worsening discrimination in Chile, but hung back in Mexico to avoid deportation.

Officials detained Alfred, who requested anonymity because of Haiti’s precarious security situation, as he was leaving his hotel in Ciudad Acuna to buy food and supplies for his wife, who is two months pregnant.

Alfred had made it to Mexico by following tips in a WhatsApp group while his wife took a plane so she would not need to risk her life crossing the jungle between Colombia and Panama.

During the week in migration detention, he was allowed to make one brief call to his wife, who said she was making her way to the northern border city of Tijuana.

“I’m about to have a heart attack, thinking I left my wife behind,” Alfred said. “We’ve been together for ten years. Look where she is now, and I’m here.”

(Reporting by Daina Beth Solomon; Editing by Aurora Ellis)

Biden’s CIA director creates high-level unit focusing on China

By Mark Hosenball

WASHINGTON (Reuters) – The career diplomat U.S. President Joe Biden named to lead the Central Intelligence Agency is creating a high-level unit aimed at sharpening the agency’s focus on China, at a time of tense relations between the world’s two largest economies.

CIA Director William Burns said on Thursday that the China Mission Center he was setting up “cuts across all of the agency’s mission areas,” while noting that the CIA’s concern is that “the threat is from the Chinese government, not its people.”

A senior CIA official compared Burns’ creation of the China unit to the agency’s tight focus on Russia during the Cold War and to its concentration on counter-terrorism following the Sept. 11, 2001 attacks on New York and Washington. No such high-level unit focusing explicitly on China had previously been set up by the agency, even in the wake of harsh attacks on China by former President Donald Trump and his aides.

The new China unit was one of several re-shuffles resulting from a broad review the agency launched last spring, the senior official said, speaking on condition of anonymity.

In the Biden administration’s first months, relations with Beijing soured over deep differences on many issues including human rights, Hong Kong and the South China Sea. But top officials from both countries met this week to improve communication and set the stage for a virtual meeting of presidents by the end of the year.

Other agency moves include merging an Iran Mission Center set up by the Trump administration into a broader Middle East unit and merging a unit focusing on Korea with a broader East Asia-Pacific unit, the official said.

Burns said the CIA also was creating a position for a Chief Technology Officer as well as a new office called the Transnational and Technology Mission Center. This unit, the senior official said, would enable the agency to focus more tightly on issues such as global health, climate change, humanitarian disasters and disruption caused by new technologies.

The agency will also create a program under which it would encourage qualified employees to serve as “technology fellows” for a year or two in private industry.

The senior official said the agency had also set up an “incident cell” to oversee responses to the mysterious illness known as “Havana Syndrome” which has affected numerous diplomats and CIA employees, some of whom have been “diagnosed with real harm.”

(Reporting By Mark Hosenball; editing by Mary Milliken and Richard Pullin)

Biden says Republican stonewalling on debt ceiling risks U.S. default

By Susan Cornwell, Richard Cowan and Jarrett Renshaw

WASHINGTON (Reuters) -President Joe Biden said on Monday the federal government could breach its $28.4 trillion debt limit in a historic default unless Republicans join Democrats in voting to raise it in the two next weeks.

Senate Republicans, led by Minority Leader Mitch McConnell, have twice in recent weeks blocked action to raise the debt ceiling – saying they do want action but will not help. Republicans say Democrats can use a parliamentary maneuver known as budget reconciliation to act alone. Top Democrats have rejected that approach.

“Raising the debt limit comes down to paying what we already owe … not anything new,” Biden said at a White House news conference.

Asked if he could guarantee the United States won’t breach the debt limit, the president answered: “No I can’t. That’s up to Mitch McConnell.” He said he intended to speak with McConnell about the matter.

In a high-stakes standoff over parliamentary maneuvers. McConnell for months has been saying that Democrats should use a process called “budget reconciliation” to get around the Senate’s filibuster rule, which requires 60 of 100 members to agree to pass most legislation. Senate Majority Leader Chuck Schumer, a Democrat, has rejected that approach and Biden on Monday pleaded not to use the filibuster to block action.

“Just get out of the way,” Biden told Republicans. “If you don’t want to help save the country, get out of the way so you don’t destroy it.”

Late last month the U.S. House of Representatives passed and sent to the Senate a bill to suspend the limit on Treasury borrowing through the end of 2022.

Schumer on Monday said that later this week the Senate would vote for a third time on a measure to suspend the debt limit.

Treasury Secretary Janet Yellen last week warned lawmakers that the United States government was close to exhausting its federal borrowing capabilities by about Oct. 18.

Failure to act could have catastrophic economic consequences. Moody’s last month warned that it could cause a nearly 4% decline in economic activity, the loss of almost 6 million jobs, an unemployment rate of close to 9%, a sell-off in stocks that could wipe out $15 trillion in household wealth and a spike in interest rates on mortgages, consumer loans and business debts.

Democrats note that they voted to raise the debt limit during Republican Donald Trump’s administration even though they opposed deep tax cuts that added to the debt.

Biden said the United States racked up nearly $8 trillion in new debt over Trump’s four years in office, more than one quarter of the entire debt outstanding.

“Republicans in Congress raised the debt three times” under Trump, he said, with Democratic support.

STOCKS SLIDE

Concerns over the debt ceiling contributed to Monday’s drop in the stock market. Wall Street’s main indexes tumbled on Monday as investors shifted out of technology stocks in the face of rising Treasury yields, with concerns about U.S.-China trade, Taiwan and the debt ceiling in the forefront.

McConnell stuck to his guns in remarks to the Senate, and in an open letter to Biden on Monday.

“The majority needs to stop sleepwalking toward yet another preventable crisis. Democrats need to tackle the debt limit,” McConnell said on the Senate floor.

In a letter to Biden, McConnell said that the Democrats do not need Republican cooperation to pass a bill to raise the debt ceiling. Democrats have had nearly three months notice from Republicans about their position on the matter, McConnell wrote.

McConnell is known for standing his ground once he takes a controversial position. For example, in 2016 he refused to allow a Senate hearing on then-President Barack Obama’s nomination of Merrick Garland to a seat on the Supreme Court – holding the seat open until after Trump assumed office nearly a year later.

Schumer said the Senate will have to stay in session through the weekend and possibly into a planned recess next week if no progress is made on raising the debt limit.

Last week, the Senate’s parliamentarian ruled that Schumer could use the reconciliation process to bring a debt limit bill to the Senate floor, according to a source familiar with the ruling.

According to the parliamentarian, doing so would not jeopardize Democrats’ efforts to bring a second bill to the Senate floor under reconciliation. That is the multitrillion-dollar bill embracing Biden’s domestic agenda expanding social services and addressing climate change that Democrats are developing.

(Reporting by Susan Cornwell, Richard Cowan and Jarrett Renshaw; additional reporting by David Morgan, Jeff Mason, Steve Holland, Diane Bartz and Eric Beech; Editing by Scott Malone, Mark Porter and Grant McCool)

In political crosshairs, U.S. Supreme Court weighs abortion and guns

By Lawrence Hurley and Andrew Chung

WASHINGTON (Reuters) – Just before midnight on Sept. 1, the debate over whether the U.S. Supreme Court’s conservative majority will dramatically change life in America took on a new ferocity when the justices let a near-total ban on abortion in Texas take effect.

The intense scrutiny of the court will only increase when the justices – six conservatives and three liberals – open their new nine-month term on Monday. They have taken up cases that could enable them to overturn abortion rights established in a landmark ruling 48 years ago and also expand gun rights – two cherished goals of American conservatives.

In addition, there are cases scheduled that could expand religious rights, building on several rulings in recent years.

These contentious cases come at a time when opinion surveys show that public approval of the court is waning even as a commission named by President Joe Biden explores recommending changes such as expanding the number of justices or imposing term limits in place of their lifetime appointments.

Some justices have given speeches rebutting criticism of the court and questions about its legitimacy as a nonpolitical institution. Its junior-most member Amy Coney Barrett, a conservative confirmed by Senate Republicans only days before the 2020 presidential election, said this month the court “is not comprised of a bunch of partisan hacks.”

“There’s no doubt that the court’s legitimacy is under threat right now,” lawyer Kannon Shanmugam, who frequently argues cases at the court, said at an event organized by the conservative Federalist Society. “The level of rhetoric and criticism of the court is higher than I can certainly remember at any point in my career.”

The court’s late-night 5-4 decision not to block the Republican-backed Texas law banning abortions after six weeks of pregnancy put abortion-rights advocates including Biden on high alert.

The justices now have a chance to go even further. They will hear a case on Dec. 1 in which Mississippi is defending its law banning abortions after 15 weeks of pregnancy. Mississippi’s Republican attorney general is asking the court to overturn the 1973 Roe v. Wade ruling that legalized abortion nationwide and ended an era when some states banned it.

In another blockbuster case, the justices could make it easier for people to obtain permits to carry handguns outside the home, a major expansion of firearms rights. They will consider on Nov. 3 whether to invalidate a New York state regulation that lets people obtain a concealed-carry permit only if they can show they need a gun for self-defense.

CONGRESSIONAL HEARINGS

Former President Donald Trump was able to appoint three conservative justices including Barrett who tilted the court further rightward, with the help of maneuvering by a key fellow Republican, Senator Mitch McConnell.

The Democratic-led Congress has held two hearings in recent months on how the court has increasingly decided major issues, including the Texas abortion one, with late-night emergency decisions using its “shadow docket” process that lacks customary public oral arguments.

“The Supreme Court has now shown that it’s willing to allow even facially unconstitutional laws to take effect when the law is aligned with certain ideological preferences,” Democrat Dick Durbin, the Senate Judiciary Committee’s chairman, said on Wednesday.

Conservative Justice Samuel Alito in a speech on Thursday objected to criticism that portrays the court’s members as a “dangerous cabal that resorts to sneaky and improper methods.”

“This portrayal feeds unprecedented efforts to intimidate the court or damage it as an independent institution,” Alito said.

Conservative Justice Clarence Thomas last month said judges are “asking for trouble” if they wade into political issues. Thomas has previously said Roe v. Wade should be overturned, as many conservatives have sought.

Liberal Justice Stephen Breyer noted in a May speech that the court’s legitimacy relies in part on avoiding major upheavals in the law when people have come to rely on existing precedents.

“The law might not be perfect but if you’re changing it all the time people won’t know what to do, and the more you change it the more people will ask to have it changed,” Breyer said.

Abortion rights advocates have cited the fact that Roe v. Wade has been in place for almost a half century as one reason not to overturn it.

Breyer, at 83 the court’s oldest member, himself is the focus of attention. Some liberal activists have urged him to retire so Biden can appoint a younger liberal who could serve for decades. Breyer has said he has not decided when he will retire.

George Mason University law professor Jenn Mascott, a former Thomas law clerk, said the justices should not be swayed by public opinion.

“What the justices have said they want to do is decide each case on the rule the law,” Mascott said. “I don’t think they should be thinking that the perception would be that they are too partisan one way or another.”

(Reporting by Lawrence Hurley and Andrew Chung; Editing by Will Dunham and Scott Malone)

Senate Republicans block U.S. debt-limit hike again

By David Morgan and Susan Cornwell

WASHINGTON (Reuters) -Senate Republicans blocked an attempt by President Joe Biden’s fellow Democrats on Tuesday to head off a potentially crippling U.S. credit default, raising questions about whether partisan tensions in Congress will threaten the nation’s economy.

With federal government funding due to expire on Thursday and borrowing authority set to run out on Oct. 18, Democrats who narrowly control both chambers of Congress are working to head off twin fiscal disasters while simultaneously trying to advance Biden’s ambitious legislative agenda.

So far, Republicans have prevented them from doing so.

Republican Senate Leader Mitch McConnell on Tuesday blocked a vote that would have suspended the nation’s $28.4 trillion debt limit. Senate Republicans a day earlier defeated legislation that would have raised the debt limit and extended government funding.

Lawmakers now have just three days to avert a possible government shutdown by midnight Thursday, the end of the current fiscal year. Failure to do so could result in furloughs for hundreds of thousands of federal workers in the middle of a public health crisis.

Democratic leaders in the House of Representatives and Senate said they would soon advance spending bills to head off a shutdown.

Fiscal brinkmanship has become a regular feature of U.S. politics thanks to ongoing partisan polarization.

The most recent government shutdown, occurring during the presidency of Biden’s Republican predecessor, Donald Trump, lasted 35 days before ending in January 2019.

A government shutdown or a default would be a setback for the Democrats, who ahead of next year’s congressional elections have portrayed themselves as the party of responsible government after Trump’s chaotic presidency.

Democrats are also struggling to unite behind two pillars of Biden’s domestic policy agenda: a $1 trillion infrastructure bill and a $3.5 trillion social spending package.

OCT. 18 DEADLINE

Treasury Secretary Janet Yellen told lawmakers that the government would run out of options to service the debt by Oct. 18. Republicans have refused to cooperate to raise the debt limit, saying they do not want to help Democrats spend more money. Democrats point out that much of the nation’s debt was incurred under Trump.

Senate Majority Leader Chuck Schumer proposed holding a vote to raise the debt limit that could pass with just the support of the chamber’s 48 Democrats and the two independents allied with them as long as Republicans agreed to allow the vote to occur.

“If Republicans really want to see the debt limit raised without providing a single vote, I’m prepared to hold that vote,” Schumer said on the Senate floor.

But McConnell blocked the vote, saying Democrats should fold the debt-ceiling increase into a $3.5 trillion spending bill that would expand the nation’s social safety net. Democrats have already set up special rules that would allow that package to pass the Senate without Republican support.

Democrats are still negotiating the size and content of that package. It could take several weeks to clear Congress and reach Biden’s desk, dangerously close to the debt-limit deadline.

Schumer called that approach a “non starter.”

Democrats had originally planned to handle the social-spending bill, championed by the party’s left wing, in tandem with a $1.1 trillion infrastructure package that has drawn bipartisan support. But they have scheduled a House vote on the infrastructure bill on Thursday even though the social-spending bill is still being negotiated.

Lawmakers on the party’s left insisted that Congress must first pass the social spending bill.

“We articulated this position more than three months ago, and today it is still unchanged,” Representative Pramila Jayapal, leader of the Congressional Progressive Caucus, said in a statement.

(Reporting by Richard Cowan, David Morgan and Susan Cornwell; Editing by Andy Sullivan, Will Dunham and Jonathan Oatis)