A crisis has set in with hours left in Biden’s admin. He’s abusing his power worse than ever before.
Because Joe Biden just rewrote the U.S. Constitution with hours left as President.
President Joe Biden Declares Equal Rights Amendment Part of U.S. Constitution, Amid Legal Debate
On Friday, President Joe Biden made a bold declaration that the Equal Rights Amendment (ERA) “has become part of our Constitution.” In a statement issued by the White House, Biden emphasized that, as of 2020, 38 states had ratified the ERA, the necessary threshold for it to be officially incorporated into the Constitution. Biden argued that, with this ratification, the amendment should now be recognized as “the law of the land.”
The ERA, initially introduced in Congress in 1923 and passed in 1972, is designed to ensure equal rights for men and women in the United States. However, debates over the amendment have centered on its potential implications. Some interpretations of the text suggest that it could erase gender distinctions, leading to discussions about its impact on single-s*x spaces such as bathrooms and locker rooms, as well as its potential to provide unilateral legal protections for abortion.
“The American Bar Association (ABA) has recognized that the Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment,” the White House statement read. “I agree with the ABA and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution.”
Biden is now saying he can unilaterally circumvent the Constitution: “Today I affirm the Equal Rights amendment to have cleared all the necessary hurdles to be added to the US Constitution now. It’s the law of the land now. It’s the 28th amendment now.” pic.twitter.com/dsW5xEHlVl
— TheBlaze (@theblaze) January 17, 2025
Biden’s assertion is rooted in the idea that the 38 state ratifications satisfy the amendment’s requirements for becoming law. Yet, the National Archives, which is responsible for certifying constitutional amendments, has taken a different stance. According to a statement from Archivist of the United States Dr. Colleen Shogan and Deputy Archivist William J. Bosanko in December 2024, the ERA cannot be certified due to “established legal, judicial, and procedural decisions.” The National Archives reaffirmed this position when contacted by reporters, noting that the legal and procedural concerns surrounding the ERA remain unresolved.
Despite this legal conflict, Vice President Kamala Harris voiced strong support for Biden’s statement, writing, “Equality is a fundamental promise of our democracy. That is why the Equal Rights Amendment belongs in our Constitution. It makes our nation stronger, and it is the law of the land because the American people have spoken in states across our nation.”
The ERA, which aims to guarantee that rights and protections cannot be denied on the basis of s*x, has been at the center of political debate for decades. While the amendment was passed by Congress in 1972, it initially failed to be ratified by the required three-quarters of states within the seven-year deadline. Over the years, various legal and political challenges delayed its potential inclusion in the Constitution, but renewed efforts to secure its ratification gained momentum in recent years.
In a press conference on Friday, Biden reiterated his position, asserting, “Today, I affirm the Equal Rights Amendment to have cleared all the necessary hurdles to be added to the U.S. Constitution now. The Equal Rights Amendment is the law of the land now. It’s the 28th Amendment to the Constitution, now!” Biden claimed to have “consulted dozens of constitutional scholars” before making this declaration.
The Equal Rights Amendment is the 28th Amendment, and it is the law of the land. pic.twitter.com/jl1Ewg2JAf
— Vice President Kamala Harris (@VP) January 17, 2025
“Progressive” Democrats Try To Resurrect ERA, The Legal Challenges Stand Tall
The push to reassert the ERA’s inclusion gained significant traction in 2023, when former Democratic Missouri Rep. Cori Bush and Democratic Massachusetts Rep. Ayanna Pressley reignited efforts to pass the amendment. The lawmakers highlighted ongoing struggles, including “Women and LGBTQ folks facing daily s*xism, pregnancy discrimination, pay inequity, s*xual violence, and persistent legislative attacks on our bodily autonomy,” as reasons why the ERA remains crucial in the fight for gender equality.
While many advocates view the ERA as a necessary step in guaranteeing equal rights for all, critics warn that its language could have unintended consequences. Some argue that the amendment could be interpreted to eliminate single-s*x spaces such as bathrooms, locker rooms, and even women’s sports, by not defining “s*x” within the text. This ambiguity has fueled concerns that the ERA could expand its scope beyond the original intention of ensuring gender equality, particularly in light of evolving discussions surrounding gender identity.
Biden himself has faced controversy over similar issues. In the past, he attempted to expand Title IX, which governs protections against s*x-based discrimination in education, to include protections for “gender identity.” However, this rule was struck down by a federal court in January and ultimately revoked by the Biden administration.
As President Biden prepares to pack up and leave the White House, the future of the ERA remains uncertain. While his administration strongly supports its inclusion in the Constitution, legal obstacles remain in place, and the debate surrounding the amendment’s potential impact is likely to continue for the foreseeable future.
Also worth giving some thought to with this news is how it could split the Democrat Party even more during a time in which Democrats are already throwing around words like a party “civil war” and a “split.” No doubt, Democrats who are skeptical of this announcement are going to feel even more disenfranchised by a Democrat Party that seems to only grow more radical by the day.
Stay tuned to the DC Daily Journal.
