Outgoing President Joe Biden issued a proclamation that was ridiculed and ridiculed for simply attempting to declare the 28th Amendment.
Biden posted on social media his “belief” that the Equal Rights Amendment had been ratified into the Constitution.
“Dementia is not a magic ticket to becoming a dictator.”
“Today, I affirm what I have believed for many years, and which three-quarters of the states have ratified,” the letter purported to be from Biden reads. “The 28th Amendment is the law of the land that guarantees all Americans, regardless of gender, equal rights and protection under the law.”
He was quickly fact-checked by a community note on the X platform citing the Department of Justice under the Biden administration.
“The National Archives, which is responsible for registering new amendments, cites a legal opinion drafted in 2022 by the Biden Justice Department's Office of the General Counsel confirming this position, stating that the ERA has not been legally ratified. “,” the memo said.
Ratification of the amendment required approval by three-quarters of the states, and Congress had given a deadline of 1982 to reach this threshold. The effort failed, even though some states voted to ratify the amendment after the deadline.
Biden also came under fire from online critics for the absurd declaration.
“No, he didn't. He says he did, but he couldn't, so he didn't.” answered Brit Hume of Fox News.
“Sir, this is not how the Constitution works. Dementia is not a magic ticket to becoming a dictator advocating constitutional reform.” answered Molly Hemingway.
“Who would have thought that the man who illegally and proudly canceled everyone’s student loans would ignore the rule of law and pretend to have magical powers?” said Tim Carney of the American Enterprise Institute said.
“No, I'm sorry, but you can't just 'declare' the 28th Amendment any more than I can declare you dead. That requires a coroner. And this requires a coroner. There needs to be a constitutional process.” answered Ben Shapiro of the Daily Wire.
Some point out that even the late feminist icon Ruth Bader Ginsburg, the late Supreme Court Justice, acknowledged in 2020 that the ERA fight had failed and needed a reboot.
“There's too much discussion about latecomers,” Ginsburg said at the time. “Additionally, many states withdrew their ratifications. So if you count latecomers as a positive, how can you ignore states that have 'changed their minds'?”
A challenge to Biden's declaration could end up in the U.S. Supreme Court, which currently has a conservative majority, and would likely invalidate the amendment.
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