President Biden can't seem to rest easy during his final weekend in the White House. Instead, he pushes for A new amendment to the constitution It would make the Equal Rights Amendment (ERA) the “law of the land.”
In a statement issued by the White House, Biden called on the United States to “affirm and protect women's full equality once and for all.”
While his point is clear in the statement, a post on his official X account had users mocking the president. The post refers to the 28th Amendment to the Constitution. But the US Constitution contains only 27 amendments, the last of which was ratified in 1992.
In a post on X invites The afternoon “Law of the land”, which means it is already part of the constitution, but that is not the case. Social media users were quick to point this out, with some describing the president as a “dictator.”
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Others online also brought up Biden's previous rhetoric about Trump being a “threat to democracy,” accusing the president of trying to “announce” the existence of an amendment.
Biden delivers his farewell address to the nation from the Oval Office of the White House in Washington, D.C., on January 15, 2025. (Mandel Ngan/Pool via Reuters)
Citing the American Bar Association in the statement, Biden said the RTA “removed all hurdles necessary to be formally added to the Constitution.” Biden added He agreed with “the American Bar Association and with leading constitutional scholars that the Equal Rights Amendment has become part of our Constitution.” However, despite Biden's argument, the National Archives disagreed.
In its own December statement on electronic copyright law, the National Archives said that “at this time, the Equal Rights Amendment cannot be ratified as part of the Constitution due to applicable legal, judicial, and procedural decisions.”
President Joe Biden speaks in the Roosevelt Room of the White House in Washington, D.C. on September 15, 2023. (Chris Kleponis/CNP/Bloomberg via Getty Images)
ERA: What to know about the Equal Rights Amendment
ERA, a proposed amendment to the Constitution that would guarantee “equal rights under the law” to all Americans regardless of sex. Its most recent iteration was the rapid response by New York Democrats to the Supreme Court's Dobbs v. Jackson Women's Health decision in June 2022.
“It is long past time to recognize the will of the American people. In compliance with my oath and duty to the Constitution and country, I affirm what I believe and what three-quarters of the states have ratified: The Twenty-Eighth Amendment is the law of the land, and guarantees to all Americans equal rights and protections under The law regardless of their gender.”
This assertion sparked a community memo that read: “Readers added context they thought people might want to know. The Archivist of the United States, charged with publishing officially ratified amendments, has confirmed that the Electronic Copyright Act has not been ratified and based this analysis on Binding rules. There is no legal precedent.
A Biden administration spokesperson did not respond to a request for comment.
The official POTUS account – which currently represents the Biden administration – drew strong criticism for these statements. (Chip Somodevilla)
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Over the past few years, the divide in America over women's rights has widened. Some celebrated the Supreme Court's Dobbs decision, while others saw it as a fundamental assault on liberty. Additionally, the inclusion of transgender athletes in women's sports has turned into a heated debate about justice and equality.
