Biden declares that the Equal Rights Amendment has been ratified, igniting an explosive legal showdown as he executes the final bold actions.
President Joe Biden has declared that the Equal Rights Amendment (ERA) is ratified, marking a significant stance on gender equality in the Constitution. This decision is expected to ignite legal battles as Biden concludes his presidency.
The ERA, first passed by Congress in 1972, aims to ensure equal rights for women. Constitutional amendments require ratification by three-fourths of states or 38 states. Virginia’s ratification in 2020 made it the 38th state to approve the amendment, which had been dormant for decades. Biden’s declaration asserts that the amendment is now part of the Constitution, pending certification and publication by the U.S. Archivist, Dr. Colleen Shogan.
“It is long past time to recognize the will of the American people. In keeping with my oath and duty to the Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex,”Joe stated.
A senior Joe official clarified that the president is expressing an opinion, not taking executive action, aligning with the views of leading constitutional scholars and the American Bar Association. However, the process is complicated by legal challenges. Ratification deadlines have expired, and five states have rescinded their approval, raising questions about the legitimacy of Biden’s stance.
The American Bar Association’s opinion, which Biden leans on, emphasizes that the ERA did not include a time limit in its text and suggests that allowing states to rescind ratifications would create chaos. However, legal and procedural barriers persist. Shogan and Deputy Archivist William Bosanko stated that the ERA cannot be certified due to legal conclusions from the Office of Legal Counsel affirming that ratification deadlines are enforceable.
The National Archives has maintained its position, citing no change in the underlying legal issues. The White House has not confirmed if there was prior communication with the archivist regarding this announcement. Ultimately, the courts will decide the fate of the ERA.
Senator Kirsten Gillibrand, a prominent advocate for the ERA, argues that certification would enable Biden to enshrine women’s rights without Congressional approval, especially after the Supreme Court’s 2022 decision overturning Roe v. Wade. Despite Biden’s executive actions to protect abortion rights, Congressional codification remains unlikely.
Gillibrand has lobbied Biden and his aides, highlighting the potential to solidify women’s equality through this constitutional amendment.
In his final days in office, Biden has been active with executive actions, including clemency for nonviolent offenders and environmental protections. On Friday, he granted clemency to nearly 2,500 nonviolent drug offenders and commuted 37 federal death sentences to life imprisonment. Additionally, Biden issued an executive action banning new oil and gas drilling across 625 million acres of ocean, a move likely to face reversal by the incoming administration.
Biden also extended temporary protected status to immigrants from several countries, removed Cuba from the state sponsors of terrorism list, and canceled student loan debt for 150,000 borrowers. Some actions, like clemency, are irreversible, while others, like the ERA certification, face uncertain futures due to impending legal challenges.
Biden and the incoming administration under President-elect Donald Trump have found rare agreement on blocking the sale of US Steel to Japan’s Nippon Steel and securing a ceasefire between Israel and Hamas. However, tensions remain high as Trump prepares to reverse many of Biden’s policies, accusing him of complicating the transition process.
As Biden’s presidency concludes, the legal status of the ERA and the durability of his executive actions remain contentious issues that will shape his legacy and the future political landscape.
