Biden said the 28th Amendment has been approved

Equal rights for women are guaranteed by the 1972 amendment, which was approved by Congress.

The Equal Rights Amendment (ERA) has been ratified, guaranteeing its constitutional protection, according to a major opinion delivered by President Joe Biden on Friday. Some see this last-minute action as a step toward bolstering reproductive rights. As Biden gets ready to leave office, it is anticipated that the decision would be quickly challenged in court, and it is unknown what will happen next.

Equal rights for women are guaranteed by the 1972 amendment, which was approved by Congress. Three-fourths of the states, or 38 states, must ratify an amendment to the Constitution. After decades of inaction, Virginia became the 38th state to ratify the measure in 2020. Since then, Biden has expressed his belief that the amendment has been approved. The U.S. Archivist, Dr. Colleen Shogan, is now in charge of confirming and publishing the modification.

The time has long come to acknowledge the will of the American people. I affirm what I believe and what three-fourths of the states have confirmed: the 28th Amendment is the law of the land, guaranteeing equal rights and protections under the law to all Americans regardless of sex. I do this in honor of my oath and duty to the Constitution and the nation," Biden said in a press release on Friday. A senior Biden administration source explained that the president is merely stating his belief that the amendment has been ratified, not taking executive action.

The 28th Amendment is the law of the land, guaranteeing equal rights and protections under the law to all Americans, regardless of gender.

The person went on to say, "He is using the power of his presidency to make it clear that he believes—and agrees with American Bar Association and leading constitutional scholars—that this is, and should be recognized as, the 28th Amendment to the Constitution." However, legal experts warn it’s not that clear. More than 50 years after the amendment was introduced, the Brennan Center for Justice at New York University Law School reports that five states have revoked their authorization and the ratification deadline has passed, casting doubt on presidential authority.

The American Bar Association's opinion, which highlights that the Equal Rights Amendment's wording included no time limit and points out that the framers of the Constitution prudently avoided the mayhem that could result if states were permitted to revoke ratification votes at any time, is what Biden cites, according to a senior Biden official. Deputy Archivist William Bosanko and Dr. Shogan, who is responsible for publishing the amendment, had previously declared in December that established legal, judicial, and procedural judgments prevent the ERA from being certified as part of the Constitution. They cited two Office of Legal Counsel rulings from the Department of Justice in 2020 and 2022 that affirmed the ratification deadline's enforceability.

contacted the National Archives to inquire about the intentions, but was referred to earlier remarks made by Shogan and Bosanko, who explained that this was the archives' and the National Archives' long-term stance.

The National Archives' public relations and media relations team reaffirmed Friday that the fundamental legal and procedural problems had not altered. Whether the White House conferred with the Archivist prior to Friday's announcement is still unknown. A senior official pointed out that the Archivist's job is legally defined, describing it as solely ministerial, and that the revision must be published after it has been formally ratified.