Biden Claims Equal Rights Amendment Ratified, Faces Legal Challenges

On January 17, President Joe Biden declared the Equal Rights Amendment (ERA) as 'the law of the land,' asserting that it guarantees equal rights and protections under the law regardless of sex. This declaration comes as Biden seeks to cement his legacy before leaving office, amid ongoing debates about the amendment's ratification status due to the expiration of the deadline set by Congress in 1982. Although Biden emphasizes the support from three-fourths of the states, legal experts point out that the amendment's ratification is contested, as five states have rescinded their approval and the U.S. archivist has maintained that the amendment did not meet the necessary criteria. The American Bar Association and some constitutional scholars support Biden's view that Virginia's ratification as the 38th state validates the ERA, but Biden's declaration lacks formal legal power and is not an executive order. With rapid legal challenges expected, the future of the ERA remains uncertain as Biden exits the presidency. His statement is viewed by advocates as a significant affirmation of women's rights, although its practical implications are still in question.