President Joe Biden makes a bold declaration regarding women's constitutional rights during his last days in the White House.
According to Politico, Biden announced on Friday his belief that the Equal Rights Amendment (ERA) has met all requirements for ratification as the 28th Amendment to the U.S. Constitution, despite facing significant institutional pushback.
The president's announcement represents a significant yet potentially symbolic gesture, as the National Archives immediately indicated it would not follow through with formal recognition of the amendment.
The White House acknowledged that Biden's declaration carries no immediate legal force, highlighting the complex nature of constitutional amendments and their implementation process.
The National Archives, led by U.S. Archivist Colleen Shogan, maintains its position that the ERA's eligibility has expired.
This stance presents a substantial obstacle to Biden's declaration, as the Archives is responsible for publishing constitutional amendments. The institution's unwavering position suggests that congressional action would be necessary for the ERA to become law, an unlikely prospect under Republican control.
A senior administration official declined to specify whether the White House had engaged in discussions with Shogan regarding the ERA's publication. The official emphasized that while Biden would not directly instruct the archivist, they believe the archivist is obligated to publish ratified amendments.
The timing of Biden's announcement, just three days before President-elect Donald Trump assumes office, raises questions about the strategic value and potential impact of this last-minute declaration. The White House explained that Biden's decision was influenced by the American Bar Association's position on the amendment's validity.
Biden said:
I have supported the Equal Rights Amendment for more than 50 years, and I have long been clear that no one should be discriminated against based on their sex. We, as a nation, must affirm and protect women's full equality once and for all.
The ERA's journey toward ratification has been lengthy and complex. After passing Congress in 1972, the amendment remained dormant for decades until Virginia became the 38th state to ratify it in 2020, meeting the three-quarters state requirement. However, disputes over ratification deadlines and procedural issues have complicated its status.
Sen. Kirsten Gillibrand (D-N.Y.) has been a vocal advocate for the ERA, arguing in a New York Times op-ed that the amendment has fulfilled all constitutional requirements. The amendment's potential impact on abortion rights adds another layer of significance, particularly following the Supreme Court's 2022 decision to overturn Roe v. Wade.
Biden's final statement demonstrates his commitment to gender equality and reproductive rights as he concludes his presidency. The declaration, while lacking immediate legal force, positions the ERA as a crucial element in the ongoing debate over constitutional protections for women's rights.
The ERA's fate now rests in a complex web of legal interpretation, institutional authority, and political will. With Biden's departure and Trump's imminent return to the White House, the amendment's future remains uncertain, requiring either court validation or congressional action to achieve formal constitutional status.
