Laila Kirkpatrick, Staff Writer
On Friday, President Biden announced that he considers the Equal Rights Amendment (ERA) “the law of the land.” This declaration came as a surprise but carries no legal precedent for the nation. Despite its ineffectiveness, the statement is being celebrated by advocates for equal rights across the country. For the ERA to take effect, it would need to be formally published or ratified. The likelihood of this happening remains uncertain, raising questions about why Biden declared the ERA as “the law of the land.”
The executive branch has no direct role in the ratification of constitutional amendments, nor has Biden formally requested the archivist to publish the ERA as part of the Constitution. A senior member of Biden’s staff clarified that the archivist’s role is “purely ministerial,” meaning they are required to publish the amendment only once it has been fully ratified.