President Joe Biden has issued a statement affirming his belief that the Equal Rights Amendment (ERA) has been duly ratified as the 28th Amendment to the U.S. Constitution. Biden’s assertion comes on the heels of Virginia becoming the 38th state to ratify the ERA in 2020, reaching the threshold required for ratification as stipulated by Article V of the Constitution. The president stated, “It is long past time to recognize the will of the American people,” emphasizing that the amendment guarantees equal rights and protections under the law for all Americans, regardless of sex. Biden’s remarks are available in detail at AP News.
Despite Biden’s declarations, the legal status of the ERA remains contested due to a congressional time limit initially imposed on state ratifications. The validity of this time restriction has been a persistent point of legal contention, influencing whether the ERA can be officially recognized as part of the Constitution. The leadership at the National Archives has maintained that because “the underlying legal and procedural issues have not changed,” the amendment cannot currently be certified. Additionally, it has been clarified that President Biden has not instructed the National Archives to proceed with certifying the amendment. This ongoing legal ambiguity means that the ERA’s inclusion as the actual 28th Amendment is not yet firmly established, as explained in a detailed analysis on Above the Law.
For an in-depth look at these developments and their implications, read more at Above the Law.