President Joe Biden's final days in office are marked by an unprecedented constitutional declaration that has sparked intense debate across political and legal spheres.
According to Daily Caller, Biden issued a statement on Friday declaring the Equal Rights Amendment (ERA) as the 28th Amendment to the Constitution, asserting it has met all necessary requirements for ratification.
The president's declaration comes despite the National Archives' explicit position that the ERA cannot be certified as part of the Constitution, citing established legal, judicial, and procedural decisions. This stance was reinforced in December 2024 by Archivist Colleen Shogan and Deputy Archivist William J. Bosanko, who emphasized their responsibility to maintain the integrity of the constitutional amendment process.
Biden claims to have consulted numerous constitutional scholars before making this declaration. The American Bar Association has recognized the ERA as having cleared all necessary hurdles for constitutional inclusion, providing support for the president's position.
Vice President Kamala Harris backed the president's declaration, emphasizing the amendment's significance for democracy. In her statement, she asserted the ERA's legitimacy based on widespread state support across the nation.
The National Archives, however, maintains its opposition to certification, confirming to the Daily Caller News Foundation that their position remains unchanged as the underlying legal and procedural issues persist.
The ERA's journey began in 1972 when Congress passed the amendment, setting a seven-year deadline for state ratification. This deadline proved insufficient to gather the required support from three-quarters of states.
Democratic Representatives Cori Bush and Ayanna Pressley revived the push for the amendment in 2023. They cited ongoing concerns about discrimination, including issues affecting women and LGBTQ individuals, such as pay inequity and bodily autonomy.
President Biden stated during Friday's press conference:
Today, I affirm the Equal Rights Amendment to have cleared all the necessary hurdles to be added to the U.S. Constitution now. The Equal Rights Amendment is the law of the land now. It's the 28th Amendment to the Constitution, now!
Critics of the ERA have raised concerns about its potential implications for gender-specific spaces and protections. The amendment's language, which doesn't define "sex," could potentially affect policies regarding single-sex facilities and gender identity considerations.
This declaration follows Biden's previous attempt to modify Title IX to include gender identity protections, an effort that was ultimately blocked by federal courts and later withdrawn by the administration.
The president's unilateral declaration of the ERA as the 28th Amendment represents a significant moment in constitutional history. Coming in the final hours of his presidency, Biden's action attempts to resolve decades of debate over the amendment's status.
The controversy surrounding this declaration centers on fundamental questions about presidential authority, constitutional amendment procedures, and the role of deadlines in the ratification process. As Biden prepares to leave office, this last-minute executive action leaves a complex legal and political challenge for his successor to address.
