As his presidency comes to a close, President Joe Biden has intensified his push for the Equal Rights Amendment (ERA), declaring it the “law of the land” and calling for its recognition as the 28th Amendment to the U.S. Constitution.
The move has sparked significant controversy, with legal experts and critics questioning the validity of Biden’s claims and intentions.
In a statement released by the White House, Biden urged the United States to “affirm and protect women’s full equality once and for all.”
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Addressing the U.S. Conference of Mayors on Friday, he declared, “The Equal Rights Amendment is the law of the land NOW. It’s the 28th amendment to the Constitution NOW.”
JUST IN: A SCREAMING Joe Biden just bizarrely declared a non-existent 28th Amendment to the Constitution
Biden is totally cooked
This is the SECOND time he’s made this statement today, with his earlier post on about it getting Community Noted almost immediately.
An… pic.twitter.com/ioVrAzDopx
— Nick Sortor (@nicksortor) January 17, 2025
However, Biden’s assertion drew immediate backlash after a post on his official X account referenced a 28th Amendment, which does not exist.
The U.S. Constitution currently has 27 amendments, the last of which was ratified in 1992.
Today I’m affirming what I have long believed 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. pic.twitter.com/oZtS6Q89zG
— President Biden (@POTUS) January 17, 2025
Social media users criticized the president, with some accusing him of attempting to “declare” an amendment into existence.
Others referenced Biden’s past rhetoric about former President Donald Trump being a “threat to democracy,” calling Biden’s actions hypocritical.
The Equal Rights Amendment, first proposed in 1923, aims to guarantee equal rights under the law for all Americans regardless of sex.
Despite receiving significant attention, the ERA has faced legal and procedural challenges over the decades.
Biden cited the American Bar Association (ABA) and constitutional scholars in his argument, claiming that the ERA has “cleared all necessary hurdles to formally be added to the Constitution.”
However, the National Archives, responsible for certifying amendments, released a statement in December rejecting this interpretation.
“At this time, the Equal Rights Amendment cannot be certified as part of the Constitution due to established legal, judicial, and procedural decisions,” the National Archives stated.
A White House statement included Biden’s assertion that “three-fourths of the states have ratified” the ERA, though this claim remains a point of contention.
Legal precedent holds that the amendment did not meet ratification requirements within the prescribed timeline.
Biden’s claims triggered a community note on his social media post, providing additional context.
The note clarified that the Archivist of the United States had confirmed the ERA was not ratified, citing binding legal precedent.
The community note further undermined Biden’s declaration, fueling skepticism about the White House’s interpretation.
The push for the ERA comes amid heightened tensions over women’s rights and related issues, including the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade.
The ruling divided the country, with some celebrating it as a victory for pro-life advocates and others condemning it as an attack on women’s freedoms.
Additionally, debates over transgender athletes competing in women’s sports have added to the controversy surrounding gender equality, fairness, and representation.
Biden’s efforts to elevate the ERA during his final weekend in office highlight his administration’s focus on gender equality but also underline the contentious nature of his presidency.
As President-elect Donald Trump prepares to take office, Biden’s push for the ERA faces significant legal and political obstacles, leaving its future uncertain.
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