Joe Biden on Friday claimed the Equal Rights Amendment (ERA) to the Constitution is now “the law of the land” while experts say this is actually false because the “28th Amendment” has not been officially certified.
The supposed amendment would allow transgender Americans to use restrooms of their choice and participate in female sports under the guise of providing “legal gender equality.”
Biden’s bizarre declaration means absolutely nothing, but leftists are still planning a rally in front of the National Archives on Friday to commemorate the faux victory.
“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 on social media.
Of course, Americans already have equal rights and protections under the law no matter their sex.
I have supported the Equal Rights Amendment for more than 50 years and have long been clear that no one should be discriminated against based on their sex.
— President Biden (@POTUS) January 17, 2025
We must affirm and protect women’s full equality once and for all.
𝕏 Community Notes countered Biden’s celebratory message by stating, “The Archivist of the United States, charged with officially publishing ratified amendments, has confirmed that the ERA was not ratified and based that analysis on binding legal precedent. There is no 28th Amendment.”
Even the liberal media outlet NPR admitted Biden’s announcement “does not have any formal force of effect” and that “The amendment would need to be formally published or certified to come into effect by the National Archivist, Colleen Shogan — and when or if that will happen is unclear.”
While Sleepy Joe essentially made a unilateral declaration that the amendment was adopted, the process needs congressional and state approval, not an executive branch mandate.
The late liberal Supreme Court Justice Ruth Bader Ginsberg actually argued against ERA ratification as it stood in 2020, because Congress imposed a deadline on states hoping to ratify the amendment back in 1982.
“There’s too much controversy about latecomers,” Ginsburg stated. “Plus, a number of states have withdrawn their ratification. So if you count a latecomer on the plus side, how can you disregard states that said ‘we’ve changed our minds?’”
The Supreme Court will likely rule the ERA was not properly ratified as future legal battles on the process loom.
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