President Joe Biden declared on Friday that the Equal Rights Amendment (ERA) is officially ratified, marking a significant last-minute move that aims to enshrine gender equality into the U.S. Constitution. This decision, intended to strengthen reproductive rights, is expected to ignite swift legal challenges, leaving its future uncertain as Biden approaches the end of his presidency.
The ERA, originally passed by Congress in 1972, guarantees equal rights for women and requires ratification by 38 states. After decades of stagnation, Virginia became the 38th state to ratify it in 2020. Biden’s announcement asserts that the amendment is now valid, pending certification and publication by U.S. Archivist Dr. Colleen Shogan.
“It is long past time to recognize the will of the American people,” Biden stated. “In keeping with my oath to the Constitution, I affirm that the 28th Amendment is the law of the land, ensuring equal rights and protections for all Americans regardless of sex.”
According to a senior White House official, Biden is not enacting an executive order but rather expressing his opinion, aligning with constitutional scholars and the American Bar Association. “He believes it *is* the 28th Amendment,” the official added.
Legal experts, however, point to hurdles, citing expired deadlines and five states that rescinded ratification. The Brennan Center for Justice notes that these issues complicate the amendment’s status. Archivist Shogan previously stated that legal opinions from 2020 and 2022 uphold ratification deadlines as enforceable, preventing certification.
While the White House did not confirm any recent contact with the archivist, officials maintain that her role is “ministerial” and that courts will ultimately decide the amendment's fate.
Sen. Kirsten Gillibrand (D-NY), a key advocate for ERA certification, views this as a path to codify women’s rights without needing Congress, particularly after Roe v. Wade’s reversal. Despite Biden’s executive actions to protect abortion access, legislative codification remains elusive.
**Biden’s Final Executive Actions**
In his remaining days, Biden has been pushing through executive actions to secure his legacy. On Friday, he announced clemency for nearly 2,500 nonviolent drug offenders and his stance on the ERA. Unlike clemency, the ERA decision faces potential reversals.
Since the November election, Biden has used clemency powers extensively, commuting 1,500 sentences, commuting 37 federal death sentences to life, and pardoning 39 individuals, including his son, Hunter Biden—a move criticized by both parties.
Biden also enacted sweeping environmental protections, banning new offshore drilling across 625 million acres and designating additional national monuments. These actions are likely to face reversal attempts by incoming President Donald Trump.
On immigration, Biden extended protections for nearly 1 million immigrants and removed Cuba from the U.S. state sponsors of terrorism list, a decision Trump is expected to undo.
Biden also finalized semiconductor grants and canceled student loan debt for 150,000 borrowers, while working with Trump’s team on rare bipartisan agreements like a ceasefire between Israel and Hamas.
As Trump prepares to take office, Biden weighs preemptive pardons for allies, warning Trump against using his power to “settle scores.” Trump, accusing Biden of obstruction, promised to swiftly undo his predecessor’s executive orders once in power.