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President Biden does not appear to be resting during his final weekend in the White House. Instead, he is pushing for a new amendment to the constitution that 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 made clear in the statement, a post on his official X account caused users to mock the president. The publication refers to the 28th Amendment to the Constitution. However, the US Constitution only has 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 is not the case. Social media users were quick to point this out, with some calling the president a “dictator.”
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Others online also brought up Biden’s past rhetoric about Trump being a “threat to democracy,” accusing the president of trying to “declare” the existence of an amendment.
Citing the American Bar Association in the statement, Biden argued that the ERA has “cleared all hurdles necessary to be formally added to the Constitution.” Biden added who 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 established legal, judicial, and procedural decisions.”
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The ERA, a proposed amendment to the Constitution that would guarantee “equal rights under the law” to all Americans regardless of sex. Its latest version was a swift response by New York Democrats to the Dobbs v. Women’s Health Organization decision. Jackson to the Supreme Court in June 2022.
“It is 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-quarters of the states have ratified: the 28th Amendment is the law of the earth, guaranteeing all Americans equal rights and protection under the law regardless of sex,” Biden said in the White House statement.
The claim prompted a community note that said: “Readers added context they thought people might want to know. The Archivist of the United States, charged with officially publishing ratified amendments, confirmed that the ERA was not ratified and based that analysis on binding data”. There is no legal precedent.
A spokesperson for the Biden administration did not respond to a request for comment.
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In recent years, the divide in the United States over women’s rights has grown wider. Some celebrated the Supreme Court’s Dobbs decision, while others saw it as a fundamental attack on liberty. Additionally, the inclusion of transgender athletes in women’s sports has become a heated debate about justice and equality.