Legal experts have blasted President Biden’s announcement declaring the 28th Amendment “cynical and irrelevant.”
Biden issued a statement Friday saying the Equal Rights Amendment (ERA) should be ratified and considered as a new addition to the U.S. Constitution.
“It is long past time to recognize the will of the American people. In accordance with my oath and duty to the Constitution and my nation, I affirm what I believe and which three-fourths of the states have ratified. The Constitutional Amendment “Section 28 is the law and guarantees all Americans, regardless of sex, equal rights and protection under the law.”
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“Mr. Biden’s announcement is cynical and misplaced,” said Andrew McCarthy, a former assistant U.S. attorney and Fox News contributor. “If he believed what he was saying, he would have said it at the start of his administration, not on his way out as a one-term failed president.
“More importantly, the president has no constitutional role in the amendment process, so his views carry no weight.”
President Biden issued a statement Friday saying the Equal Rights Amendment should be ratified and considered as a new addition to the U.S. Constitution. (Kevin Dietsch/Getty Images)
“President Biden appears to be moving the administration from an unpleasant regime to an absurd regime,” Jonathan Turley, a Fox News contributor and George Washington University Shapiro Professor of Public Interest Law, told Fox News Digital. . “This was a moment of embarrassing pandering to the most extreme elements within the party. This is a position based on long-rejected and frankly ridiculous foundations.”
Asked by reporters about the timing of the announcement, Biden said Friday: “We need to have all the facts and we’ve reached out to every constitutional law scholar in the world to make sure it’s the right decision. body,” he said.
The ERA prohibits discrimination on the basis of sex. The bill was sent to the states for ratification in 1972, and Congress set a deadline of 1979 for three-quarters of state legislatures to ratify the amendment. The deadline was later extended to 1982.
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Virginia was the last state to pass an amendment in 2020, bringing the total number of states that ultimately passed an amendment to 38. McCarthy noted that the ERA “was not ratified by the states within the legally allotted deadline.”
The national archivist is responsible for formalizing constitutional amendments. (St. Petersburg)
“The only way to get it into the Constitution is to start over,” McCarthy said. “Everyone knows this, including Biden. That’s why the National Archives didn’t release it, and why Biden didn’t have the courage to order it released.”
Turley added: “Biden conspicuously refrained from giving the actual executive order on ratification that the left most wanted. He merely made a declaration and perhaps left the matter to the archivist.” Probably.”
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The national archivist is responsible for formalizing constitutional amendments. The archivist previously cited a 2020 opinion from the Department of Justice’s Office of Legal Counsel (OLC) that “confirmed that the ratification deadline Congress established for the ERA is valid and enforceable,” and certified the amendment. He was refusing.
The archivist had previously declined to certify the amendment, citing a 2020 opinion from the Department of Justice’s Office of Legal Counsel. (Samuel Corum/Bloomberg via Getty Images)
“OLC concluded that extending or eliminating the deadline would require new action by Congress or the courts. We have confirmed that the ratification deadline remains valid,” the National Archives said. December statement. “As a result, U.S. archives administrators cannot legally publish the Equal Rights Amendment. As leaders of the National Archives, we adhere to these precedents and ensure that the constitutional framework in which we operate I support you.”
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“This is just pandering,” McCarthy said. “It won’t have any lasting meaning.”
Haley Chi-Sing is a writer for Fox News Digital. You can contact her at @haleychising on X.
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