Biden Declares ‘Equal Rights Amendment’ Ratified, Setting Up Legal Battle
It may be time for Democrats, particularly President Joe Biden and Vice President Kamala Harris, to revisit their civics knowledge before taking major actions in positions of power.
On Friday, the president, vice president, and several other Democrats celebrated what they claimed was the ratification of the “28th Amendment” to the U.S. Constitution, known as the Equal Rights Amendment (ERA). However, a significant issue remains: the amendment has not been ratified, according to numerous constitutional experts. Furthermore, the president lacks the authority to simply declare an amendment ratified.
“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,” President Biden said in a press release posted on the White House’s official website.
“On January 27, 2020, the Commonwealth of Virginia became the 38th state to ratify the Equal Rights Amendment. 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. I agree with the ABA and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution,” he continued.
“It is long past time to recognize the will of the American people. In keeping with my oath and duty to 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,” the president concluded.
Vice President Harris followed with her own statement.
“Equality is a fundamental promise of our democracy. That is why the Equal Rights Amendment belongs in our Constitution. It makes our nation stronger, and it is the law of the land because the American people have spoken in states across our nation,” Harris said.
“History teaches us that civil rights are fought for and won with every generation. That continues to be true today, which is why I have spent my career fighting for freedoms and to expand opportunities for women and girls. It has always been clear that when we lift up women, we lift up children, families, communities, and all of society. Now, Americans must continue to fight for a more equal and just nation where everyone has the opportunity to realize the promise of America,” she added.
However, several constitutional experts have pointed out that the Equal Rights Amendment has not actually been ratified, which could lead to legal challenges if the administration moves forward with its position.
“Ratification deadlines lapsed and five states have rescinded their approval, according to the Brennan Center for Justice at New York University’s law school, prompting questions about the president’s authority to ratify the amendment more than 50 years after it first passed,” CNN reported.
In December, the U.S. Archivist, Dr. Colleen Shogan, along with Deputy Archivist William Bosanko, released a statement clarifying that the amendment could not be added to the Constitution due to “established legal, judicial, and procedural decisions.”
“As Archivist and Deputy Archivist of the United States, it is our responsibility to uphold the integrity of the constitutional amendment process and ensure that changes to the Constitution are carried out in accordance with the law. At this time, the Equal Rights Amendment (ERA) cannot be certified as part of the Constitution due to established legal, judicial, and procedural decisions,” the two officials said.
“In 2020 and again in 2022, the Office of Legal Counsel of the U.S. Department of Justice affirmed that the ratification deadline established by Congress for the ERA is valid and enforceable. The OLC concluded that extending or removing the deadline requires new action by Congress or the courts. Court decisions at both the District and Circuit levels have affirmed that the ratification deadlines established by Congress for the ERA are valid. Therefore, the Archivist of the United States cannot legally publish the Equal Rights Amendment. As the leaders of the National Archives, we will abide by these legal precedents and support the constitutional framework in which we operate,” they added.
“The role of the Archivist of the United States is to follow the law as it stands, ensuring the integrity of our nation’s governing institutions. Personal opinion or beliefs are not relevant; as the leaders of the National Archives, we support established legal processes and decisions,” Shogan and Bosanko concluded.
On Friday, the National Archives Public and Media Communications staff confirmed that “the underlying legal and procedural issues have not changed” regarding the status of the amendment.