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President Biden doesn’t seem to be resting during his final weekend in the White House. Instead, he is pushing for new amendment to the Constitution this would make the Equal Rights Amendment (ERA) “the law of the land.”
In a statement released by the White House, Biden demanded that the United States “affirm and protect the full equality of women once and for all.”
While his point is clear in the statement, a post on his official X account had users mocking the president. The publication refers to the 28th amendment to the Constitution. However, the US Constitution has only 27 amendments, the last of which was ratified in 1992.
In a post about X calling the ERA the “law of the land”, implying that it is already part of the Constitution, which it is not. Social media users were quick to point this out, with some calling the president a “dictator”.
DANA PERINO TOUCHES BIDEN’S CONTROVERSIAL DRIVE SPEECH
Others online also framed Biden’s past rhetoric about Trump as a “threat to democracy,” accusing the president of trying to “declare” the existence of an amendment.
Biden delivers his farewell address to the nation from the Oval Office of the White House in Washington, DC on January 15, 2025. (MANDEL NGAN/Piscina via REUTERS)
Citing the American Bar Association in the statement, Biden argued that the ERA has “cleared all the necessary hurdles to be formally added to the Constitution.” Biden added which agreed with “the ABA and leading constitutional scholars that the Equal Rights Amendment has become part of our Constitution.” However, despite Biden’s argument, the National Archives disagreed.
In its own December statement on the ERA, the National Archives said that “at this time, the Equal Rights Amendment cannot be certified as part of the Constitution due to legal, judicial and established procedures”.
President Joe Biden speaks in the Roosevelt Room of the White House in Washington, DC on September 15, 2023. (Chris Kleponis/CNP/Bloomberg via Getty Images)
IT WAS: WHAT YOU SHOULD KNOW ABOUT THE EQUAL RIGHTS AMENDMENT
“Today, I stated that the Equal Rights Amendment has cleared all necessary hurdles to be added to the US Constitution NOW. The Equal Rights Amendment is the law of the land NOW. It is the 28th Amendment of the Constitution NOW,” Biden said when addressing the United States Conference of Mayors on Friday.
The ERA, a proposed constitutional amendment that would guarantee “equal rights under the law” to all Americans, regardless of sex. Its latest iteration was a quick response by New York Democrats to the Supreme Court’s Dobbs v. Jackson’s Women’s Health Organization decision in June 2022.
“It is long past time to recognize the will of the American people. In accordance with my oath and my duty to the Constitution and the 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,” Biden said in the White House statement.
The claim prompted a community note, which read: “Readers added context they thought people might want to know. The United States Archivist, responsible for officially publishing the ratified amendments, has confirmed that the ERA was not ratified and based this analysis on binding. There is no legal precedent.
A spokesman for the Biden administration did not respond to a request for comment.
The official account of POTUS, which currently represents the Biden administration, drew heavy criticism for the remarks. (Chip Somodevilla)
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Over the past few years, America’s divide over women’s rights has grown. Some celebrated the Supreme Court’s Dobbs decision, while others saw it as a fundamental attack on liberty. In addition, the inclusion of transgender athletes in women’s sports has become a heated debate about justice and equality.
