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Legal experts slammed President Biden's announcement declaring the 28th Amendment law as "cynical and irrelevant."
Biden on Friday released a statement saying the Equal Rights Amendment (ERA) should be considered ratified and a new addition to the U.S. Constitution.
"It is long past time to recognize the will of the American people. In keeping with my oath and duty to the Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: the 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex," he said.
"Biden’s announcement is both cynical and irrelevant," said former Assistant U.S. attorney and Fox News contributor Andrew McCarthy. "If he believed what he is saying, he would’ve said it when his administration started, not when he is on his way out the door as a failed, one-term president.
"More importantly, the president has no constitutional role in the amendment process, so his view carries no weight."
The national archivist is responsible for making constitutional amendments official. (iStock)
"The only way to get it into the Constitution would be to start all over again," McCarthy said. "Everybody knows this, including Biden. That is why the national archivist has not published it, nor has Biden had the temerity to try to order that that be done."
Turley also said: "Biden notably stopped short of giving the left what it wanted most: an actual executive order on the ratification. He simply made a declaration and presumably left the matter up to the archivist."
ERA: WHAT TO KNOW ABOUT THE EQUAL RIGHTS AMENDMENT
The national archivist is responsible for making constitutional amendments official. The archivist had previously declined to certify the amendment, citing a 2020 opinion from the Office of Legal Counsel of the DOJ (OLC) that "affirmed that the ratification deadline established by Congress for the ERA is valid and enforceable."
The archivist had previously declined to certify the amendment, citing a 2020 opinion from the Office of Legal Counsel of the DOJ. (Samuel Corum/Bloomberg via Getty Images)
"The OLC concluded that extending or removing the deadline requires new action by Congress or the courts. Court decisions at both the District and Circuit levels have affirmed that the ratification deadlines established by Congress for the ERA are valid," the National Archives said in a statement in December. "Therefore, the Archivist of the United States cannot legally publish the Equal Rights Amendment. As the leaders of the National Archives, we will abide by these legal precedents and support the constitutional framework in which we operate."
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"This is just pandering," McCarthy said. "It will have no lasting significance."
Haley Chi-Sing is a Writer for Fox News Digital. You can reach her at @haleychising on X.
https://www.foxnews.com/politics/bidens-constitutional-change-legal-experts-cynical-irrelevant