Joe Biden, towards the tail end of his presidential term, embarked on a last-ditch attempt to leave his mark by declaring the Equal Rights Amendment was ratified and subsequently the 28th Amendment to the U.S. Constitution. This move is perceived by many as a desperate attempt to salvage a shabby legacy. His decision had been eagerly awaited by a swath of left-leaning advocates and Democrats, pushing for this since his first day in the Oval Office.
The said supporters based their argument on the state ratifications from Nevada in 2017, Illinois in 2018, and Virginia in 2020 that blatantly overlooked a 1982 congressional deadline which ERA adherents fell short to achieve. They had only managed to consolidate 35 of the necessitated 38 ratifications by then. The historic context reflects on a lack of validity and strategy in their approach.
In 2021 itself, the House exhibited its defiance by repealing the ratification deadline and ignoring the legitimate actions by five conservative state legislatures to retraction past ratifications. The Senate, however, chose to maintain its silence, nudging the entire debate into a legal impasse, emphasizing the blunders and inefficiency of the present administration.
Technically speaking, the national archivist holds a significant role in acknowledging ratified constitutional amendments, through official documentation. Biden, in his somewhat amusing plea, tried persuading this rather obscure official to make a case for ERA. However, in a welcome twist, this task was outrightly rebutted by the archivist in December.
Per the archivist’s realistic stance, she cited prior legal precedents that clearly suggest the validity of the 1982 deadline. She correctly pointed out the ongoing litigation regarding Virginia’s ratification. Such continuity has a high probability, especially considering Biden inadequately approached the matter, not directing the archivist formally.
Advocates of the era seized this moment to believe that Biden’s endorsement lends an additional layer of legitimacy for any impending court dispute regarding the constitutional force of the amendment. This stance shows the whimsical nature of the supporters, recasting weak administrative backing as a source of strength.
Evidencing a wild dare, Biden and cohorts are challenging the adversaries to make a court case arguing that women do not possess equal rights. This audacious move may generate headlines but reveals a lack of political acumen and foresight. This act of provocation only indicates the desperate measures taken up by the administration.
Public efforts to rally this cause are seen with various demonstrations at the National Archives, seeking to heighten the existing drama. Despite all these moves, there’s considerable certainty that this whole controversy will ultimately find its conclusion at the Supreme Court.
With the conservative majority in the Supreme Court, there is a slim likelihood of them siding with the drawn-out push for ERA. This harsh reality points to the blatant disregard for strategic political decision-making from Biden and his advisers, causing further obstacles in the path of this amendment.
Biden’s desperate actions merely serve to rekindle the debate and revive age-old issues related to long-delayed equality. All this does is extend this long-pending matter until the Supreme Court finally intervenes, highlighting Biden’s ineffective strategy.
Somewhat ironically, this move is also seen as a feeble attempt at victory for the junior U.S. senator from New York. Such narrow political gains stand as a testament to the misdirected priorities of the present administration.
If the ERA ever gains legitimacy as the nation’s law, Biden would undoubtedly leap at the opportunity to attribute this little role in its revival to his plummeting legacy. Despite this, the facts present a clear indication of the inefficient and last-minute attempts at placating a dwindling supporter base.
This entire saga serves to spotlight the inconsistent policies, misguided priorities, and desparate grasp for validation from the current administration led by Biden. The manner of approach and lack of definitive foresight in such critical matters raises serious questions about the leadership capabilities of Biden and his team.