Biden's official Twitter account faces criticism for referencing a non-existent constitutional amendment.

The community note was triggered by the tweet from the POTUS account, which received significant criticism.

Biden's official Twitter account faces criticism for referencing a non-existent constitutional amendment.
Biden's official Twitter account faces criticism for referencing a non-existent constitutional amendment.

President Biden is not taking a break during his last weekend in the White House. Instead, he is actively working towards passing a new amendment to the Constitution that would make the Equal Rights Amendment (ERA) legally binding.

The White House issued a statement in which Biden called for the United States to "unequivocally uphold and safeguard women's complete equality."

Although his statement is clear, a post on his official X account had users making fun of the president by referencing the 28th Amendment to the Constitution, which does not exist as the US Constitution only has 27 amendments, the last of which was ratified in 1992.

The president's statement that the ERA is already part of the Constitution was met with criticism on social media, with some users accusing him of being a "dictator."

Biden's past statements about Trump being a "threat to democracy" were echoed by others online, who accused the president of attempting to "declare" an amendment into existence.

President Biden sits behind the desk in the Oval Office
Biden delivers his farewell address to the nation from the Oval Office of the White House in Washington, D.C., on Jan. 15, 2025. (MANDEL NGAN/Pool via REUTERS)

According to the American Bar Association, Biden contended that the ERA has "cleared all necessary hurdles to formally be added to the Constitution." Biden concurred with the ABA and leading constitutional scholars that the Equal Rights Amendment has become part of our Constitution. Nevertheless, the National Archives disagreed with Biden's argument.

The Equal Rights Amendment cannot be certified as part of the Constitution due to legal, judicial, and procedural decisions, as stated by the National Archives in its December statement on the ERA.

President Joe Biden
President Joe Biden speaks in the Roosevelt Room of the White House in Washington, DC, on Sept. 15, 2023. (Chris Kleponis/CNP/Bloomberg via Getty Images)

The ERA, a proposed amendment to the constitution that guarantees equal rights under the law to all Americans regardless of sex, was recently introduced by New York Democrats in response to the Supreme Court's Dobbs v. Jackson's Women's Health Organization decision in June 2022.

Biden affirmed that it is long past time to recognize the will of the American people and that the 28th Amendment, which guarantees all Americans equal rights and protections under the law regardless of their sex, is the law of the land.

The ERA was not ratified, according to the Archivist of the United States, who based their analysis on legal precedent. As a result, there is no 28th Amendment.

The Biden administration declined to comment on the matter.

Save Women's Sports sign held at the US Capitol
The official POTUS account — which currently represents the Biden administration — drew heavy criticism for the remarks.  (Chip Somodevilla)

The divide over women's rights in America has widened in recent years, with some celebrating the Supreme Court's Dobbs decision while others saw it as an attack on freedom. Furthermore, the inclusion of transgender athletes in women's sports has sparked a heated debate about fairness and equality.

by Rachel Wolf

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