President Biden's recent proclamation that the Equal Rights Amendment (ERA) is now the 28th Amendment has ignited a firestorm of criticism, with legal experts denouncing the move as both ineffectual and politically motivated. Biden asserted on Friday that the ERA, which aims to prohibit gender-based discrimination, should be recognized as part of the U.S. Constitution, citing the will of the American people and the ratification by three-fourths of the states. However, this declaration has been met with strong pushback.

Former Assistant U.S. Attorney and Fox News contributor Andrew McCarthy argued that Biden's statement is meaningless, given the president's lack of constitutional authority in the amendment process. McCarthy also highlighted the timing of the announcement, suggesting it was a cynical ploy by a "failed, one-term president" on his way out. He emphasized that the ERA failed to meet the congressionally mandated ratification deadline, necessitating a fresh start for its inclusion in the Constitution.

President Biden's statement followed Virginia's ratification of the ERA in 2020, bringing the total number of ratifying states to 38. Despite this, the national archivist, responsible for officially adding amendments to the Constitution, has refused to certify the ERA, citing legal opinions and established deadlines.

Fox News contributor and George Washington University law professor Jonathan Turley echoed McCarthy's sentiments, labeling Biden's declaration as an "embarrassingly pandering moment" to appease the extreme wing of his party. Turley pointed out the absurdity of the president's claim to have consulted "every constitutional scholar in the world" before making the announcement.

The National Archives has consistently maintained that the ERA cannot be legally published due to the missed ratification deadlines, emphasizing the need for Congressional or judicial action to alter or remove those deadlines. The archivist's stance is supported by court rulings affirming the validity of these deadlines.

Critics like McCarthy dismiss Biden's declaration as mere political posturing without any real impact. The debate surrounding the ERA's ratification and its constitutional status continues, with legal experts and political commentators questioning the validity and motivations behind the president's move.