Outgoing President Joe Biden announced today that he believes the Equal Rights Amendment (ERA) met ratification requirements and is now the official 28th amendment to the Constitution—a statement that has no legal force since the amendment remains unpublished.
"I agree with the [American Bar Association] and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution," Biden said in a statement released by the White House. "It is long past time to recognize the will of the American people. 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's comments are not an executive order requiring the national archivist to publish the amendment, but rather a statement of belief that contradicts the current legal opinion of the Justice Department and the archivist. The president has no constitutional role in the amendment process.
