Biden claims Equal Rights Amendment is law but lacks official action

President Joe Biden announced that the Equal Rights Amendment (ERA) is now “the law of the land,” three days before leaving office. However, this statement is not an official action, as the National Archives cannot publish the amendment due to a legal opinion from the Department of Justice. The ERA, which aims to guarantee equal rights regardless of sex, was approved by Congress in 1972 but failed to achieve ratification by the deadline in 1982. Advocates argue that recent state approvals should count, despite the deadline and rescinded ratifications. Biden's announcement does not instruct the National Archives to publish the ERA, which advocates had hoped for. The situation remains legally complex, and a potential legal battle could arise if the amendment were to be published before the incoming administration.