Biden’s official X account draws derision for a constitutional amendment that doesn’t exist
President Biden doesn’t seem to be taking a break during his final weekend in the White House. Instead, he advocates a a new amendment to the Constitution that would make the Equal Rights Amendment (ERA) the “law of the land.”
In a statement released by the White House, Biden called for the United States to “affirm and protect the full equality of women once and for all.”
While his point is clear in the statement, a post on his official X account prompted users to mock the president. The post refers to the 28th amendment to the Constitution. However, the US Constitution has only 27 amendments, the last of which was ratified in 1992.
In a post on X calling ERA “law of the land”, implying that it is already part of the Constitution, which is not the case. Social media users were quick to point this out, with some calling the president a “dictator.”
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Others online also referred to Biden’s past rhetoric about Trump as a “threat to democracy,” accusing the president of trying to “proclaim” the amendment’s existence.
Biden delivers his farewell address to the nation from the Oval Office of the White House in Washington, DC on January 15, 2025. (MANDEL NGAN/Pool via REUTERS)
Quoting the American Bar Association in a statement, Biden asserted that the ERA “has cleared all necessary hurdles to be formally added to the Constitution.” Biden added that he agreed with “the ABA and leading constitutional scholars that the Equal Rights Amendment has become part of our Constitution.” However, despite Biden’s arguments, the National Archives disagreed.
In its own statement on the ERA in December, the National Archives said that “at this time, the Equal Rights Amendment cannot be upheld as part of the Constitution due to established legal, judicial and procedural decisions.”
President Joe Biden speaks in the Roosevelt Room of the White House in Washington, DC on September 15, 2023. (Chris Kleponis/CNP/Bloomberg via Getty Images)
ERA: WHAT YOU NEED TO KNOW ABOUT THE EQUAL RIGHTS AMENDMENT
ERA, a proposed constitutional amendment that would guarantee “equal rights under the law” to all Americans regardless of sex. Its latest iteration was New York Democrats’ quick response to the Supreme Court’s June 2022 Dobbs v. Jackson’s Women’s Health Organization decision.
“It is long past time to recognize the will of the American people. In accordance with my oath and duty to the Constitution and the country, I affirm what I believe and what three-quarters of the states have ratified: the 28th Amendment is the law of the land, guaranteeing to all Americans equal rights and protection under the law regardless of their gender,” Biden said in a White House statement.
The claim triggered a community note that read: “Readers added context they thought people would want to know. The Archivist of the United States, charged with the official publication of ratified amendments, has confirmed that the ERA has not been ratified and is basing that analysis on binding legal precedent not there is a 28th amendment.”
A spokesman for the Biden administration did not respond to a request for comment.
The official POTUS account — which currently represents the Biden administration — drew heavy criticism for the remarks. (Chip Somodevilla)
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Over the past few years, America’s divisions over women’s rights have grown wider. Some celebrated the Supreme Court’s Dobbs decision, while others saw it as a fundamental attack on liberty. In addition, the inclusion of transgender athletes in women’s sports has turned into a heated debate about fairness and equality.
