Biden Says Equal Rights Amendment Is Ratified, Kicking Off Expected Legal Battle as He Pushes Through Final Executive Actions

President Joe Biden announced a major opinion Friday that the Equal Rights Amendment is ratified, enshrining its protections into the Constitution, a last-minute move that some believe could pave the way to bolstering reproductive rights.

It will, however, certainly draw swift legal challenges – and its next steps remain extremely unclear as Biden prepares to leave office.

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. Virginia in 2020 became the 38th state to ratify the bill after it sat stagnant for decades. Biden is now issuing his opinion that the amendment is ratified. It would next fall upon the archivist of the United States, Dr. Colleen Shogan, to certify and publish the amendment. . .

But legal experts contend it isn’t that simple: Ratification deadlines lapsed and five states have rescinded their approval, according to the Brennan Center for Justice at New York University’s law school, prompting questions about the president’s authority to ratify the amendment more than 50 years after it first passed. (Read more from “Biden Says Equal Rights Amendment Is Ratified, Kicking Off Expected Legal Battle as He Pushes Through Final Executive Actions” HERE)

Photo credit: Flickr