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President Biden: Why Won’t You Publish The Equal Rights Amendment?

The Biden Administration is actually going into court and fighting against the Equal Rights Amendment, a right which would have saved Roe v. Wade.

Caitlin Rich
November 6, 2022

“We must recognize the clear will of the American people and definitively enshrine the principle of gender equality in the Constitution. It is long past time that we put all doubt to rest. I am calling on Congress to act immediately to pass a resolution recognizing ratification of the ERA.”

–President Joseph Biden Jr.

This statement, released by President Biden two years after the state of Virginia’s ratification, is being labeled “clear duplicity” by Nicole Vorrasi Bates, attorney and founder of Shattering Glass. Although Biden has implied Congress is responsible for recognizing the Equal Rights Amendment, many politicians, lawyers and even scholars question why the Executive Branch has still not published it. Most recently, the DC Court of Appeals heard the oral arguments for Illinois v. Ferriero, but to this, Vorrasi Bates says, “The Biden Administration is actually going into court and fighting against the Equal Rights Amendment, a right which would have saved Roe v. Wade.”

Illinois v. Ferriero and the DC Court of Appeals 

In a press release published by the American Academy of Pediatrics, "Health care organizations urge protection for physicians and patients", (archived-copy

• Women's rights are not enshrined in the Constitution. The ERA was supposed to change that.
• By 2020, the ERA had the 38 ratifications necessary for it to become the 28th Amendment.
• Publication of the ERA is a simple action and should have happened when Virginia became the latest state to ratify it.

See attached.

#PublishERAJoe!

The ERA would end women’s second-class citizenship by finally giving women equal standing in the federal CONSTITUTION, thus would ensure women’s equal TREATMENT under all laws, regulations, and policies of state and federal governments.

The ERA would afford women equal treatment under the DUE PROCESS CLAUSE and the EQUAL PROTECTION CLAUSE, which affect all other rights including everything from obtaining a dog license to the First Amendment, LIBERTY, etc. These fundamental constitutional rights ensure that all people enjoy the most basic freedoms: autonomy, self-determination, authority over the self, bodily integrity, etc. Without the ERA, women cannot be assured that any rights will apply equally to them.

The ERA would require courts to use strict scrutiny when reviewing claims involving different treatment of women. Without the ERA, courts are allowed to use only intermediate scrutiny, which, unlike strict scrutiny, permits infringements on rights.

At the confirmation hearing for President Biden's nominee to serve as National Archivist (held 2022-09-21), Dr. Colleen Shogan answered questions about her duties under 1 US Code 106(b), committing to demur to judicial authorities over whether to publish her findings that the Equal Rights Amendment has been ratified by the requisite thirty-eight states.  (HINT for any who have not been paying attention, Virginia became the thirty-eighth state to ratify the ERA in January 2020).