Outgoing President Joe Biden has taken a rather liberal approach to constitutional interpretation, boldly proclaiming that the Equal Rights Amendment (ERA) has been ratified and is now “the law of the land.” This sweeping declaration conveniently sidesteps decades of legal hurdles and the simple fact that the ERA didn’t meet the required ratification threshold long ago. Initially passed by Congress in 1972, the amendment sought to guarantee legal equality regardless of sex. While it enjoyed bipartisan backing over the years, it also sparked concern that it could upend traditional gender roles and weaken legal protections specifically designed for women.
Biden pointed to Virginia’s 2020 ratification as the final step needed to enshrine the ERA into the Constitution, a claim that feels more like wishful thinking than legal fact. In a statement brimming with confidence, he argued that the amendment had “cleared all necessary hurdles,” citing support from the American Bar Association and unnamed legal experts. According to Biden, with three-fourths of the states allegedly on board, the time has come to cement the ERA into law. While this narrative might resonate with progressive circles, it conveniently ignores a mountain of procedural and legal complications standing in the way.
The National Archives and the Archivist of the United States quickly threw cold water on Biden’s claims. They noted, with the backing of multiple court rulings and the Department of Justice’s Office of Legal Counsel, that the ERA’s ratification deadline expired back in 1979. Without congressional action to extend or remove that deadline, the amendment is stuck in constitutional purgatory. The Justice Department reaffirmed this stance as recently as 2022, making it abundantly clear that Biden’s statement lacks the legal muscle to unilaterally elevate the ERA into the Constitution. For those cheering on the amendment, it’s a sobering reminder that executive proclamations can’t rewrite established law.
Critics contend that Biden’s ERA declaration is less about making progress and more about political posturing. By announcing the amendment’s ratification despite its dubious legal standing, Biden scores a symbolic win that panders to his progressive base while sidestepping the messy work of navigating congressional or judicial hurdles. What was once a serious, bipartisan effort has devolved into another battleground in the culture wars, with Biden’s proclamation viewed as a shallow attempt to secure a legacy moment. For conservatives, this move epitomizes an administration more interested in optics than in delivering substantive results.
As Biden’s presidency draws to a close, his handling of the ERA highlights a pattern of lofty promises that often collide with inconvenient realities. While his supporters may applaud his boldness, others see it as yet another example of prioritizing symbolism over substance. The ERA’s future, if it is to have one, depends on a legitimate legislative and judicial process—not a presidential proclamation. For now, the amendment remains a legal and political limbo, a lingering question mark that Biden’s statement does little to resolve. If anything, it underscores the administration’s penchant for overreach in its twilight days.
Today I'm affirming what I have long believed and what three-fourths of the states have ratified:
— President Biden (@POTUS) January 17, 2025
The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex. pic.twitter.com/oZtS6Q89zG
