
Biden Declares Equal Rights Amendment Ratified, Setting Stage for Legal Showdown
Biden’s Last-Minute Push
In his final days in office, Biden directed Dr. Colleen Shogan, the U.S. archivist, to certify and publish the amendment. While he acknowledged the ongoing legal complexities, Biden leaned on an opinion from the American Bar Association that argues the ratification deadline is not enforceable and states cannot rescind their approval.
Legal experts, however, caution that this move is far from definitive. Both the Office of Legal Counsel and federal courts have previously ruled that the deadlines matter and rescinded approvals could block the amendment’s implementation.
A senior administration official clarified that Biden’s announcement is not an executive order but rather a formal opinion stating that the ERA is already law. “It’s now up to the courts to decide,” the official added.
A Legacy in the Making
Biden’s decision to declare the ERA ratified has been seen as a bold move to cement his legacy as an advocate for equality. The ERA could provide a legal foundation for bolstering protections for reproductive rights, equal pay, and other gender-based issues.
Senator Kirsten Gillibrand (D-NY), a vocal supporter of the ERA, praised Biden’s action, calling it “a critical step forward in ensuring constitutional equality for all Americans.”
What Comes Next?
The fight over the ERA is far from over. Legal challenges are expected, particularly from conservative groups and states opposed to the amendment. Some argue that Biden’s opinion oversteps executive authority, as Congress initially set a deadline for ratification that expired decades ago.
The incoming Trump administration, which takes office on Monday, could also influence how the situation unfolds. President-elect Trump has not yet commented on the ERA but is expected to face pressure from both sides of the political spectrum.
A Divisive Debate
Supporters of the ERA argue that it provides crucial protections for gender equality and codifies equal rights into the Constitution. Critics claim the amendment is unnecessary, pointing to existing anti-discrimination laws, and argue that the ratification process was invalidated by missed deadlines and rescinded approvals.
Despite the uncertainties, Biden’s announcement has reignited a decades-long conversation about equality and constitutional rights. For now, the ERA’s ultimate fate rests in the hands of the courts.
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