Biden Declares ERA Ratified, Sparking Legal Debate

In a significant move, President Joe Biden announced that the Equal Rights Amendment (ERA) is ratified, asserting it as the 28th Amendment to the U.S. Constitution. This decision, made as Biden prepares to leave office, is expected to ignite legal challenges due to lapsed deadlines and states rescinding their support.

Biden Declares ERA Ratified

Historical Context and Biden's Stance

The ERA, designed to ensure equal rights for women, was passed by Congress in 1972 and required ratification by 38 states. Virginia's ratification in 2020 met this threshold, but legal experts argue that the original deadlines have expired. Despite this, Biden stated, "The 28th Amendment is the law of the land," aligning with opinions from the American Bar Association and constitutional scholars.

Legal and Political Reactions

Critics, including legal experts, describe Biden's announcement as "cynical and irrelevant," given the expired deadlines and lack of presidential authority in the amendment process. Former Assistant U.S. Attorney Andrew McCarthy noted, "The president has no constitutional role in the amendment process, so his view carries no weight."

The national archivist, responsible for certifying constitutional amendments, previously declined to publish the ERA, citing opinions from the Office of Legal Counsel affirming the enforceability of ratification deadlines.

Implications and Next Steps

While Biden's declaration is symbolic, it lacks legal authority to enforce the ERA as part of the Constitution. The matter may ultimately be decided by the courts, with potential implications for reproductive rights and gender equality.

As Biden exits the presidency, this move joins a series of executive actions aimed at securing his legacy. However, the legal battles ahead underscore the complexities surrounding constitutional amendments and the challenges of enacting lasting change.