The Legal Implications of Biden's Declaration on the Equal Rights Amendment
Legal scholars are divided on President Joe Biden’s recent declaration concerning the Equal Rights Amendment (ERA) and its implications. While Biden asserts that the ERA is now part of the Constitution, experts point out key omissions that raise legal questions.
The Deadline Debate
One of the central issues revolves around the deadline set for states to ratify the ERA, initially seven years but later extended to ten. Despite not meeting the original deadline, some states continued to ratify the amendment in subsequent decades, leading to conflicting interpretations.
State Ratifications and Legal Challenges
Advocates argue that the ERA obtained the necessary ratifications in 2020 when Virginia became the 38th state to approve it, fulfilling the requirements for constitutional inclusion. However, this viewpoint is contested, with critics labeling the dismissal of the ratification deadline as ‘constitutional vandalism.’
Harvard Law School professor Stephen Sachs contends that Congress has the authority to impose time limits on amendments, implying the validity of the ERA’s deadline.
Presidential Influence and Legal Realities
While Biden’s vocal support for the ERA is significant, his opinion alone does not alter legal procedures. The responsibility for publishing amendments lies with the federal government’s archivist, who, guided by the Office of Legal Counsel, has deemed the ERA ineligible for certification without congressional action.
Despite Biden’s stance, the archivist’s adherence to legal opinions presents a barrier to immediate publication of the ERA.
Future Legal Challenges and Political Responses
Senator Kirsten Gillibrand advocates for legal action based on the ERA’s purported validity, encouraging individuals to challenge discriminatory laws. However, the unresolved legal status of the ERA leaves room for continued debate and potential court battles.
The ERA’s fate remains uncertain, hinging on complex legal interpretations and political maneuvers that will shape its future impact on gender equality and constitutional law.
