Biden 28th Amendment: Equal Rights Amendment Update

Biden 28th Amendment: Equal Rights Amendment Update – On Friday, President Joe Biden announced that “the law of the land” Equal Rights Amendment is approved. Moreover, the declaration does not have any forceful effect. This approval was celebrated in front of the National Archives by backers in a rally. However, when the Amendment will get formally published or certified is not clear. Furthermore, it will be implemented by Colleen Shogan or by the National Archivist. Moreover, the amendment process is totally dependent upon the Archivist to certify and publish the ERA. Apart from that the executive branch doesn’t play any major role in this. While on a conference call the White House told the media persons that President Joe Biden can also not order the Archivist. 

Moreover, a senior official from the administration also said that the archivist is directly connected to government officials. They are totally Ministerial in nature. Once the amendment is ratified, it is their responsibility to publish the amendment. Along with this, NPR also asked whether the Archivist is going to take any further actions. However, the National Archives communications staff said that the ERA cannot be certified because of procedural, legal, and judicial decisions. After that, the archives made a statement and said “This is a long-standing position for the Archivist and the National Archives. The underlying legal and procedural issues have not changed.” 

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President Joe Biden’s statement after Democratic lawmaker’s Campaign

In 1970, Congress passed an amendment for men and women equal rights. However, it took around 50 years for enough state legislatures to sanction the law. In 2020 the amendment got the approval. Moreover, they also missed a long-shot deadline by Congress. The opposition party has also asked various questions about the delay. They have asked several questions about the deadline. 

On 27th January, President Joe Biden said that the confusion about adding the 28th Amendment to the Constitution is cleared. ERA had cleared the confusion and Virginia had ratified it years ago. However, the respected president also stated that he has talked with “dozens of Constitutional” scholars about his decision. But he did not explain the reason for him delaying taking the decision. In a speech to the United States Conference of Mayors, he said “ The Equal Rights Amendment is the law of land – now”. Furthermore, he stated that “ it is the 28 Amendment to the Constitution – now.” Moreover, Joe Biden came to this decision after Democratic lawmakers like Sen’s Campaign. Along with this, Kirsten Gillibrand, D–N.Y., also said that this law will protect abortion rights. She further stated that the matter would surely get Justice in the Supreme Court. 

The ERA controversy 

This decision has created a long legal controversy over the ERA. Moreover, In 2020 the national Archivist declined to sanction the Amendment. They declined this sanction after making an opinion with the Justice Department’s Office of Legal Counsel. The national Archivist has the right to make the constitutional amendments official. The Justice Department Office of Legal Council also said that they are considering ERA as not working. Because the 1982 sanction deadline also remained unmatched. Moreover, in the 2022, 2020 decision the office of the Legal Council released its opinion. 

Furthermore, in the 2022 confirmation hearing, Shogan, the first woman archivist and Biden appointee made a statement. She said that the Biden government has not once asked about her position. They directly nominated her for ERA Sanction. Moreover, Shogan also said that now courts or Congress would make decisions about ERA’s fortune. Further, she asserted that she would comply with the legal Counsel’s opinion. However, last month Shogan talked about lifting up the deadline for amendment ratification. She reiterated that courts and Congress need to think about lifting up the deadline. She further said that Archives should not have all the powers to publish and certify the ERA.  

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Did Biden’s Statement put the ERA into the Constitution? 

Martha Davis, professor at Northeastern University School of Law stated that Biden’s statement is not putting the ERA into the constitution. It is not even raising any legal questions in the ERA push. Furthermore, Davis said that Biden’s statement has just made the arguments a little different. Along with that Martha also said that if Biden had made this statement earlier. It was way more effective, they would have had more time to make the decision official. However, the last-minute timing can also make a huge difference. 

Opponents are wishing Biden had moved earlier

After Jon Biden’s announcement, a large number of ERA supporters gathered outside the National Archives. Moreover, Rosie Couture said that Getting the ERA in the Government is the first step. Furthermore, the Couture said that the government must sign the proposal super fast. Along with this, the  ERA supporters said that they are celebrating this decision. Moreover, Zakiya Thomas, CEO and President of ERA coalition said that Joe Biden could have taken the decision earlier. 

Conclusion 

On Friday, President Joe Biden made a 28th Amendment about the equity of men and women. Moreover, a lot of people did not like the decision. People of the opposing party also wished it would be better if he had moved earlier.