5 things to know before the stock market opens Tuesday, May 23

Here are the most important news items that investors need to start their trading day:

Stocks kicked off the week with a jumbled session Monday, as investors work to get a grasp on the state of the economy and what could come next, especially with the debt ceiling negotiations (more on that below). The Nasdaq finished higher, giving the index its best close since August, while the Dow was down slightly and the S&P 500 was effectively flat. Tuesday brings a fresh slate of earnings for markets to pick over, including from retailers Lowe’s and Dick’s Sporting Goods before the bell. Follow live market updates.

We are a little over a week from when the United States could run out of money to pay its bills, and there’s still no deal in Washington. However, President Joe Biden and House Speaker Kevin McCarthy both said after their meeting Monday evening that they’re cautiously optimistic they can agree on a way to address the debt limit as their sides also sort out a budget compromise. Tuesday and Wednesday will be especially important for a deal to come together. Lawmakers are also up against Memorial Day weekend in a few days, and Congress hates to miss a holiday.

In what’s sure to be a preview of cases to come, TikTok sued Montana to overturn the state’s ban on the app. Last week, Montana became the first state to ban TikTok, saying it posed a security risk due to its parent company, ByteDance, being Chinese-owned. “Yet the State cites nothing to support these allegations,” lawyers for ByteDance wrote. The lawyers argue that Montana’s law is unconstitutional, saying it violates the First Amendment’s freedom of speech while also preempting federal law. TikTok is facing heat from politicians on both sides of the aisle, in Washington and at the state level, as the popular app’s owners try to distance it from perceptions it’s controlled by the Chinese government. The Montana ban goes into effect Jan. 1.

Home improvement chain Lowe’s lowered its revenue outlook for the year, as lumber prices have fallen and customers pared back spending on do-it-yourself projects. As we’ve seen from retail earnings so far, shoppers are spending less on things they don’t need while focusing more on necessities. Last week, Lowe’s rival Home Depot said its shoppers were spending less on renovation projects. Spring is typically the big season for hardware and home improvement stores, but it doesn’t appear that way this year. Lowe’s same-store sales for the period ended May 5 fell more than Wall Street expected, and the company lowered its same-store-sales expectations for the year.

The CEO of the largest bank in America sees more trouble ahead for the financial system, thanks to commercial real estate. “There’s always an off-sides,” JPMorgan Chase CEO Jamie Dimon said during the company’s investor conference Monday. “The off-sides in this case will probably be real estate. It’ll be certain locations, certain office properties, certain construction loans. It could be very isolated; it won’t be every bank.” Dimon joins a growing chorus of business leaders and experts who say commercial real estate could be the next big problem for the financial industry after the recent regional bank crisis. Earlier this month, Warren Buffett and Charlie Munger said commercial real estate is starting to see consequences from too many people borrowing at low rates.

– CNBC’s Alex Harring, Christina Wilkie, Melissa Repko, Jonathan Vanian and Hugh Son contributed to this report.

— Follow broader market action like a pro on CNBC Pro.