Biden Announces 28th Amendment – President Joe Biden made a bold move Friday, declaring the Equal Rights Amendment (ERA) the 28th Amendment to the U.S. Constitution. This last-minute action comes just three days before he leaves office, stirring up a decades-old debate on gender equality in America.
A Constitutional Controversy
Biden’s declaration asserts the ERA as the law of the land, guaranteeing equal rights regardless of sex. However, this move faces significant legal and procedural hurdles.
The ERA, first proposed in 1923 and passed by Congress in 1972, requires ratification by 38 states to become part of the Constitution. Virginia’s ratification in 2020 brought the total to 38, but opponents argue the 1982 ratification deadline had long passed.
It is long past time to recognize the will of the American people, Biden stated. The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.
Challenges Ahead
The National Archivist previously stated the ERA could not be added to the Constitution due to established legal and procedural decisions. This stance, coupled with President-elect Donald Trump’s expected opposition, sets the stage for a potential legal showdown.
In 2023, the U.S. Senate failed to remove the 1982 ratification deadline, further complicating the ERA’s path to ratification. Trump’s administration had previously issued a legal opinion against its ratification, arguing the process would need to start anew.
Uncertain Future
As Biden prepares to hand over the presidency to Trump, the practical impact of his declaration remains unclear. The White House acknowledges that Biden’s statement doesn’t have immediate legal force.
Senator Kirsten Gillibrand (D-N.Y.) sees potential in Biden’s move, suggesting it could pave the way for legal challenges to recent abortion restrictions.
As the nation watches this unfolding constitutional drama, the ERA’s future hangs in the balance. Will Biden’s eleventh-hour declaration stand, or will it be overturned by the incoming administration? Only time will tell as America grapples with this latest chapter in its ongoing struggle for equality.
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