Steve Marshall dismisses final-hour attempt by Biden to ratify long-expired amendment as ‘sham’

Alabama Attorney General Steve Marshall issued a rebuke of outgoing President Joe Biden’s last-minute declaration that the long-expired Equal Rights Amendment (ERA) is now “the law of the land.” Marshall said the move is a disregard for the U.S. Constitution and judicial precedent by a feckless president on his way out the door.

“No serious person believes the sham that a proposed amendment to the Constitution, which expired in the 1970s after being rejected by the American people, has somehow sneaked into our Constitution,” Marshall said. “Justice Ruth Bader Ginsburg and other ERA supporters recognized this reality decades ago. Every judge to consider the issue—including judges appointed by Presidents Obama and Biden—has rejected this preposterous notion.”

With less than 72 hours left in his presidency, Biden’s asserted today that the ERA, first proposed in 1972, has cleared all constitutional hurdles to become the 28th Amendment. It has not.

The amendment, which guarantees equal rights under the law regardless of sex, failed to meet its original ratification deadline in 1979 and an extended deadline in 1982. In spite of that, Biden claimed that Virginia’s 2020 ratification of the ERA rendered it a valid amendment.

Marshall said the baseless gesture is indicative of Biden’s tenure in the White House.

“It is a fitting close to his disastrous four years in office, but thankfully, our nation’s experiment with lawless radical leftism will come to an end on Monday, and we will get back to fighting for American greatness.”

Grayson Everett is the editor in chief of Yellowhammer News. You can follow him on X @Grayson270.