President Joe Biden announced a major opinion Friday that the Equal Rights Amendment is ratified, enshrining its protections into the Constitution, a last-minute move that some believe could pave the way to bolstering reproductive rights.
The president’s announcement on Friday was one of many sweeping executive moves he’s making in his final days in office.
All Biden has done with this announcement is throw constitutional experts and ERA supporters into a state of confusion, writes opinion columnist Robin Epley.
“The American Bar Association (ABA) has recognized that the Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment,” Biden wrote. “I agree with the ABA and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution.
Biden announced today that the Equal Rights Amendment is the "law of the land," but the Justice Department and the national archivist disagree.
The remarks were largely a symbolic gesture of support for a century-long campaign to enshrine gender equality in the Constitution. But advocates said they could add heft to a future legal fight.
The ERA’s deadline expired decades ago, but the president argues that recent approvals by three states put the amendment over the top.
President Joe Biden on Friday asserted that the Equal Rights Amendment (ERA), which prohibits discrimination on the basis of sex, is part of the Constitution, arguing it had met the criteria to be added as the 28th amendment.
Biden’s statement has no legal force and a White House official said courts would have to decide whether the amendment is a valid part of America’s constitution
Did Florida ever ratify the Equal Rights Amendment, the 1972 amendment that declared women equal under the law?
New York Senator Kirsten Gillibrand says at a news conference an hour after President Joe Biden issued a statement of his belief that the Equal Rights Amendment to the United States Constitution is ratified that state attempts to rescind Amendment ratifications lack legal validity according to clear precedent and that the Courts have repeatedly rejected rescission attempts for amendments like the 19th and 14th Amendments given that the American Bar Association confirms rescissions hold no constitutional validity.