President Joe Biden on Friday declared the Equal Rights Amendment the law of the land, creating a constitutional quandary three days before leaving office and after years of warning that his successor would shred the rule of law.
At question is a 1982 deadline for state ratification of the amendment, which the Biden White House as recently as April 2023 recognized and pushed Congress to terminate.
The outgoing chief executive, who has issued a slew of executive actions in the waning days of his term, made the move in a surprise Friday morning statement. But it could amount, legally, to nothing more than him reiterating a long-known policy stance. The declaration also invited questions over whether White House officials see the president’s last-minute action as legally binding — or a final play to his party’s progressive base over reproductive rights.
