Don’t get too excited.
The post Joe Biden Recognizes 28th Amendment (But That Doesn’t Mean We Have An Actual Equal Rights Amendment) appeared first on Above the Law.
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It is long past time to recognize the will of the American people. In keeping with my oath and duty to Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: the 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.
— Joe Biden said in a statement today he considers the Equal Rights Amendment duly ratified. In 2020 Virginia became the 38th (and final state needed) to ratify the ERA. However, though the number of states needed for ratification has been met, Congress imposed a time limit on states’ ratification, meaning there’s still an ongoing legal question on whether we have an official 28th Amendment. Indeed, the leader of the National Archives confirmed their position that the amendment cannot be certified because “the underlying legal and procedural issues have not changed.”And a Biden administration official said the president is not directing the National Archive to certify the amendment.
