Biden Declares Equal Rights Amendment Ratified, Sparking Legal Debate
In a significant announcement on Friday, President Joe Biden declared that the Equal Rights Amendment (ERA) is ratified, effectively integrating gender equality protections into the U.S. Constitution. This move, aimed at reinforcing reproductive rights, is likely to encounter swift legal opposition as Biden’s presidency nears its conclusion.
The ERA, initially passed by Congress in 1972, ensures equal rights for women. To become part of the Constitution, amendments must be approved by three-fourths of the states (38 total). Virginia’s ratification in 2020 fulfilled this requirement after decades of inactivity. Acting on this, Biden directed U.S. Archivist Dr. Colleen Shogan to certify and publish the amendment.
“The American people’s will must be acknowledged. I affirm that the 28th Amendment is now law, ensuring equal rights for all Americans regardless of gender,” Biden declared.
However, this action is an expression of opinion, not a formal executive order. A senior official clarified that Biden aligns with constitutional experts and the American Bar Association in recognizing the ERA as fully ratified.
Legal analysts argue that the situation is complex. Ratification deadlines have expired, and five states have withdrawn their approval, raising doubts about Biden’s authority to finalize the amendment decades later. The American Bar Association contends that the ERA’s text does not specify a time limit and that states cannot revoke their ratifications.
Previously, Dr. Shogan stated that legal precedents prevent the ERA from being certified, citing 2020 and 2022 legal opinions from the Department of Justice that upheld the enforceability of ratification deadlines. The National Archives supported this stance, indicating no change in legal guidance.
Ultimately, the judiciary will decide the ERA’s constitutional standing.
Senator Kirsten Gillibrand (D-NY) has strongly advocated for ERA certification, arguing it provides Biden a path to secure women’s rights without navigating a deeply divided Congress, particularly after the Supreme Court overturned Roe v. Wade in 2022.
Biden’s Final Actions Aim to Cement His Legacy
In his final days in office, Biden has accelerated key executive actions to solidify his legacy, even though many of these decisions could be reversed by President-elect Donald Trump. On Friday, Biden granted clemency to nearly 2,500 nonviolent drug offenders and declared the ERA ratified. While clemency decisions are permanent, the ERA designation will likely face legal obstacles.
Following the November election, Biden has actively used his executive powers—pardoning 39 individuals convicted of nonviolent crimes, commuting 1,500 sentences, and eliminating 37 federal death sentences. His decision to pardon his son, Hunter Biden, over gun and tax offenses drew criticism from both political parties.
Biden also implemented a ban on new oil and gas drilling across 625 million acres of U.S. waters, a policy that Trump could only overturn through legislation. He expanded federal land protections by designating two new national monuments in California, increasing federally protected lands to 674 million acres.
Additionally, Biden extended Temporary Protected Status for nearly one million immigrants from Venezuela, El Salvador, Ukraine, and Sudan, protecting them from deportation for another 18 months. He also removed Cuba from the U.S. list of state sponsors of terrorism, though this decision may be reversed under Trump.
Biden canceled student loan debt for 150,000 borrowers and expedited funding for semiconductor manufacturing to secure resources before the next administration takes over. Notably, Biden and Trump shared common ground in blocking the sale of U.S. Steel to Japan’s Nippon Steel and pushing for a ceasefire between Israel and Hamas.
Reports suggest Biden is considering preemptive pardons for some political allies, a controversial move as he cautioned Trump against using the presidency for personal retaliation.
Trump has accused Biden of deliberately complicating the transition of power, pledging to reverse Biden’s executive orders once in office.