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President Joe Biden declared Friday that the Equal Rights Amendment (ERA) has been ratified, cementing it as the 28th Amendment to the U.S. Constitution. This historic move, aimed at guaranteeing equal rights regardless of s-x, comes in Biden’s final days in office and has already sparked significant legal controversy.
Critics argue that the ratification process is invalid due to expired deadlines and state rescissions, leaving the amendment's status in legal limbo as Biden prepares to leave the presidency.
The ERA, first passed by Congress in 1972, requires the approval of 38 states to become law. Virginia’s ratification in 2020 brought the number to the required threshold, decades after the original deadline.
Biden’s announcement asserts the amendment is now law, despite long-standing legal opinions that the deadline renders it unenforceable. Biden emphasized the move as a fulfillment of democratic will, stating, “The 28th Amendment guarantees all Americans equal rights under the law regardless of their s-x.”
Biden’s declaration relies on the American Bar Association’s view that the ERA has no valid ratification deadline. However, Dr. Colleen Shogan, the Archivist of the United States, has declined to certify the amendment, citing established legal and procedural obstacles.
The matter will likely escalate to the courts, with legal experts divided over the legitimacy of Biden’s interpretation.
As his presidency draws to a close, Biden has used his remaining time to implement executive actions and finalize key policies that reflect his administration’s priorities. On Friday, he granted clemency to nearly 2,500 nonviolent drug offenders, including converting 37 federal death sentences to life imprisonment.
Additionally, Biden extended temporary protected status to nearly one million immigrants from Venezuela, El Salvador, Ukraine, and Sudan, shielding them from deportation for 18 months.
In a significant environmental move, Biden issued an executive order banning new oil and gas drilling across 625 million acres of ocean, protecting coastal areas along the East Coast, Gulf of Mexico, and parts of Alaska.
He also designated two new national monuments in California, increasing federally protected land under his administration to 674 million acres.
Despite these efforts, Biden’s initiatives face an uncertain future under President-Elect Donald Trump, who has vowed to reverse many of Biden’s executive actions. Trump criticized Biden’s late-term moves, accusing him of complicating the transition process.
“Biden is doing everything possible to make the transition as difficult as possible,” Trump stated in a social media post, vowing to overturn many of these policies upon taking office.
Biden’s declaration of the ERA, while a bold step, is expected to face immediate legal challenges that could take years to resolve.
As his administration concludes, Biden’s efforts to secure a legacy of equality, environmental protection, and social justice remain at the forefront, even as the political landscape shifts with the incoming administration.
