Post Shared by X Former President Joe Biden claims to have ratified the Equal Rights Amendment (ERA) as the 28th Amendment.
Oh my god – Biden approves the ERA. pic.twitter.com/l15xMtylvi
— Sarah Burris (@SarahBurris) January 17, 2025
Verdict: Misleading
Biden declared the ERA part of the Constitution as the 28th Amendment, but the Archives said it would not certify the amendment.
Fact check:
Social media users claim Biden ratified the ERA as the 28th Amendment. “Oh my god, Biden ratified the ERA,” one user wrote. (Related: Pope Francis said Jesus was born during a census by King David?)
This claim is misleading. It is true that Mr. Biden announced statement “I affirm what I believe, and which three-fourths of the states have ratified, that the 28th Amendment is the law of the land and that all Americans, regardless of gender, are entitled to equality under the law. “We will guarantee the right and protection of the people.''
However, the newspaper said his statement had no “legal force”. new york times. The U.S. Archivist last month refused to certify the amendment and referred the publication to the archives. previous statement According to the NYT, on this issue.
“In 2020 and 2022, the U.S. Department of Justice’s Office of Legal Counsel affirmed that the deadline for ratification of the ERA established by Congress is valid and enforceable. The OLC concluded that extending or removing the deadline would require new action by Congress or the courts. I have confirmed that it is valid. Therefore, U.S. archivists cannot legally issue the Equal Rights Amendment. As leaders of the National Archives, we abide by these precedents and uphold the constitutional framework in which we operate. ” the statement reads in part.
According to , an archivist must certify and publish the proposed amendment for it to actually take effect. NPR. The White House told reporters that Biden would not order archivists to do so, and that the move was meant to be largely symbolic.
