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Legal Hurdles and Expired Deadlines
The Equal Rights Amendment’s journey has been anything but straightforward. Although Virginia’s ratification seemed to breathe new life into the amendment, legal experts argue that ratification deadlines have long since expired. Furthermore, five states that initially supported the ERA have since rescinded their ratifications, complicating the matter further.
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The Brennan Center for Justice highlights that “questions about the president’s authority to ratify the amendment more than 50 years after it first passed” create a significant legal quagmire. Ratification deadlines imposed in the 1970s lapsed decades ago, and without an official extension from Congress, any claim that the ERA is part of the Constitution remains on shaky ground.
Kamala Harris Joins the Chorus
Vice President Kamala Harris also voiced her support for the ERA, echoing Biden’s bold claim. “The Equal Rights Amendment is the 28th Amendment, and it is the law of the land,” she stated. Critics were quick to dismiss her comments as political theater, given the unresolved legal issues surrounding the amendment’s status.
The Role of the Archivist and Next Steps
Adding to the confusion is the role of Dr. Colleen Shogan, the archivist of the United States, who would be responsible for certifying and publishing the amendment. Despite Biden’s claim, this step has not occurred, and the legal authority of the archivist to act in this situation is under scrutiny.
CNN reported that “the amendment, which was passed by Congress in 1972, enshrines equal rights for women. An amendment to the Constitution requires three-quarters of states, or 38, to ratify it.” While Biden’s proclamation may align with his administration’s goals, it remains far from a settled matter.
A Looming Legal Battle
A fierce legal showdown appears inevitable. Advocates for the ERA argue that its ratification is long overdue, while opponents cite procedural issues and expired deadlines to challenge its legitimacy. This contentious debate underscores the complexities of constitutional amendments and the limits of executive authority.
Critics Call Out Overreach
Conservative commentators and legal analysts have blasted Biden’s declaration as an overreach. They argue that his speech—delivered with dramatic intensity—amounts to an attempt to bypass the established process for amending the Constitution.
Just Released: Trump White House Collector’s Bobblehead!
“No. It’s not,” one critic said succinctly, dismissing Biden’s claim outright.
As the nation watches this controversy unfold, the stakes are high for both sides. For supporters of the ERA, this moment represents a critical juncture in a decades-long fight for gender equality. For opponents, it is a battle to uphold the rule of law and constitutional procedures.
In the end, the path forward will likely be determined in the courts, where legal precedent and constitutional interpretation will decide the ERA’s fate. Until then, Biden’s proclamation will remain a contentious point of debate in American politics.
