WASHINGTON (TNND) — President Joe Biden on Friday erroneously claimed the Equal Rights Amendment to the U.S. Constitution is the “law of the land.”
The proposed amendment, passed by Congress in 1972, would guarantee equal legal rights for all Americans regardless of sex. In 2020, Virginia became the 38th state to ratify the amendment, surpassing the required legal threshold to enshrine the law in the Constitution.
In a White House statement, Biden expressed his opinion that Virginia ratifying the ERA means it is now an official amendment to the U.S. Constitution.
“In keeping with my oath and duty to Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: the 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex,” Biden wrote.
The amendment, however, requires more than the president’s opinion to become law.
U.S. Archivist Colleen Shogan, who is responsible for executing changes to the Constitution, issued a statement in December saying the amendment cannot be certified as part of the Constitution because the deadline for ratification already passed.
“In 2020 and again in 2022, the Office of Legal Counsel of the U.S. Department of Justice affirmed that the ratification deadline established by Congress for the ERA is valid and enforceable,” Shogan wrote. “Therefore, the Archivist of the United States cannot legally publish the Equal Rights Amendment.”
Moving this deadline, she noted, would require new action by Congress.
“Personal opinion or beliefs are not relevant; as the leaders of the National Archives, we support established legal processes and decisions,” Shogan added.
Biden’s post via X touting the supposed ratification received a community note correction Friday.
“There is no 28th Amendment,” the note reads.
Several commenters also slammed Biden for the presumptive move.
“Nope, sorry, you can’t just ‘declare’ the 28th Amendment law, anymore than I can declare you dead,” political commentator Ben Shapiro jeered. “That requires a coroner. And this requires a constitutional process.”
“This ‘declaration’ is as meaningless as the Equal Rights Amendment itself, which has been dead for decades,” Kristen Waggoner, president of the legal group Alliance Defending Freedom wrote. “The president can’t bypass the Constitution and declare something the ‘law of the land’ via a graphic on X.”
Sen. Mike Lee, R-Utah, responded with a sarcastic GIF of a scene from “The Office” reading “I didn’t say it, I declared it.”
Several White House representatives did not respond to a request for comment from The National Desk Friday seeking clarification on why Biden chose to describe the amendment as “the law of the land.”
Some women have expressed concern that the ERA could be more harmful than helpful. A 2019 analysis of the amendment published in the Harvard Undergraduate Law Review warned the ERA could remove many legal protections that women have fought hard to earn.
“While the Equal Rights Amendment poses a victory for women, it also does away with the legal protections they enjoy,” the analysis reads. “While activists favoring the passage of the Equal Rights Amendment argue that it exists to protect and uphold equality to both sexes, it does no such thing.”
“All that the Equal Rights Amendment does is do away with legal distinctions between the sexes, which may do much more harm to women than help,” the analysis continues.
Biden’s claim comes ahead of his exit from the White House as he passes the presidency to President-elect Donald Trump. He delivered a farewell speech to the nation Wednesday, during which he touted his success in office.
“Every day, I’ve kept my commitment to being president for all Americans for one of the toughest periods in our nation’s history,” he said. “It will take time to feel the full impact of all we’ve done together. But the seeds are planted. And they’ll grow and they’ll bloom for decades to come.”
Follow Jackson Walker on X at @_jlwalker_ for the latest trending national news. Have a news tip? Send it to [email protected].
