Biden’s last-minute constitutional change slammed by legal experts: ‘Cynical and irrelevant’

Legal experts have criticized President Biden’s recent announcement declaring the 28th Amendment as law, calling it “cynical and irrelevant.” The President stated that the Equal Rights Amendment (ERA) should be considered ratified and added to the U.S. Constitution, citing the will of the American people and the ratification by three-fourths of the states.

Former Assistant U.S. attorney and Fox News contributor Andrew McCarthy slammed Biden’s announcement as “cynical and irrelevant,” noting that the President has no constitutional authority in the amendment process. McCarthy criticized the timing of the announcement, calling it a last-ditch effort by a failed, one-term president.

Similarly, Jonathan Turley, a Fox News contributor and law professor at George Washington University, called Biden’s announcement “embarrassingly pandering” and based on a “long-rejected and frankly ridiculous foundation.” Turley emphasized that Biden’s declaration carries no weight in the constitutional process.

When questioned about the timing of the announcement, Biden claimed that he consulted with constitutional scholars before making the decision. However, legal experts point out that the ERA was not ratified within the statutory deadline set by Congress, making it invalid for inclusion in the Constitution.

The ERA, which prohibits gender-based discrimination, was sent to the states for ratification in 1972 with a deadline of 1982. Virginia became the final state to ratify the amendment in 2020, bringing the total number of states to 38. Despite this, the national archivist has not certified the amendment, citing legal opinions that uphold the validity of the ratification deadline.

Legal experts emphasize that the only way to include the ERA in the Constitution would be to start the ratification process anew. The national archivist, responsible for certifying constitutional amendments, has declined to publish the ERA based on legal precedents and court decisions upholding the ratification deadline.

In conclusion, legal experts dismiss Biden’s announcement as mere pandering with no lasting significance. Despite the President’s declaration, the ERA remains uncertified and ineligible for inclusion in the U.S. Constitution. The legal framework and precedents surrounding the ratification process must be upheld for any amendment to be valid.