Biden Proclaims 28th Amendment as Law of the Land Amid Controversy

As President Joe Biden’s term nears its end, he has made a strong push for the recognition of the Equal Rights Amendment (ERA) as the 28th Amendment to the United States Constitution, declaring it the “law of the land.” This move has sparked a considerable amount of debate and controversy among legal experts and critics, who question the validity and motivation behind Biden’s assertions.

In a recent statement from the White House, Biden emphasized the importance of the ERA, urging the nation to “affirm and protect women’s full equality once and for all.” His declaration has been met with mixed reactions across the country.

During a speech at the U.S. Conference of Mayors, Biden stated, “The Equal Rights Amendment is the law of the land NOW. It’s the 28th amendment to the Constitution NOW,” a proclamation that stirred significant discussion.

The announcement has drawn considerable attention, particularly because the U.S. Constitution currently recognizes only 27 amendments, with the last one ratified in 1992. Despite Biden’s insistence, the ERA has not been officially acknowledged as an amendment. This discrepancy has led to confusion and skepticism, with some observers questioning the President’s claims.

Biden’s remarks have also faced scrutiny on social media. A post on his official X account, referencing the nonexistent 28th Amendment, was quickly noted by the community for providing misleading information. Critics have accused Biden of attempting to unilaterally declare an amendment, bypassing the formal ratification process.

The controversy surrounding Biden’s statement has also drawn parallels with his past criticisms of former President Donald Trump. Some have labeled Biden’s actions as hypocritical, given his previous rhetoric about the importance of adhering to democratic principles and processes.

The Equal Rights Amendment itself has a long and storied history. Initially proposed in 1923, the ERA aims to ensure equal rights for all Americans, regardless of sex. Over the decades, the amendment has faced numerous legal and procedural hurdles, which have prevented it from being formally adopted into the Constitution.

Biden has cited support from the American Bar Association and constitutional scholars, arguing that the ERA has “cleared all necessary hurdles to formally be added to the Constitution.” However, the National Archives, responsible for certifying amendments, released a statement in December refuting this interpretation, stating that the ERA cannot be certified due to existing legal and procedural decisions.

The White House’s assertion that “three-fourths of the states have ratified” the ERA remains a contentious point. Legal precedent maintains that the amendment did not meet the ratification requirements within the prescribed timeline, adding another layer of complexity to the issue.

Biden’s claims have been further challenged by a community note on his social media post, providing context that the Archivist of the United States confirmed the ERA was not ratified, citing binding legal precedent. This clarification has intensified skepticism surrounding the White House’s stance.

The push for the ERA comes at a time of heightened tension regarding women’s rights and related issues. The Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, has further polarized the country. This ruling has been seen by some as a victory for pro-life advocates, while others view it as a setback for women’s freedoms.

Additionally, debates over transgender athletes in women’s sports have added to the ongoing discussions about gender equality and fairness. These issues have become central to the national conversation, highlighting the complexities surrounding the fight for equal rights.

Biden’s efforts to promote the ERA during his final days in office underscore his administration’s commitment to gender equality. However, the contentious nature of his presidency and the legal challenges facing the ERA highlight the difficulties in achieving this goal.

As President-elect Donald Trump prepares to assume office, the future of the ERA remains uncertain. Biden’s push for its recognition as a constitutional amendment faces significant legal and political obstacles, and its eventual outcome is yet to be determined.

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