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

politics

Trump may take action on TikTok ban in 'not too distant future' after reviewing SCOTUS decision.

Trump may take action on TikTok ban in 'not too distant future' after reviewing SCOTUS decision.

politics
The governor's first major act saw the elimination of the DEI department in a Midwest state.

The governor's first major act saw the elimination of the DEI department in a Midwest state.

politics
Harris declares she will not retreat silently: "Our mission remains unfinished"

Harris declares she will not retreat silently: "Our mission remains unfinished"

politics
Biden announces plans to defer TikTok ban enforcement to the Trump administration.

Biden announces plans to defer TikTok ban enforcement to the Trump administration.

politics
RNC chair Whatley pledges to fiercely defend Trump following his reelection victory.

RNC chair Whatley pledges to fiercely defend Trump following his reelection victory.

politics
Xi and Trump hold phone conversation prior to inauguration.

Xi and Trump hold phone conversation prior to inauguration.

politics
New legislation could silence China's Belt and Road project: "we can silence China's siren song"

New legislation could silence China's Belt and Road project: "we can silence China's siren song"

politics
Federal DEI programs could be reduced, suggests DOGE report.

Federal DEI programs could be reduced, suggests DOGE report.

politics
Elon Musk to deliver a speech at Trump's pre-inauguration event, according to sources.

Elon Musk to deliver a speech at Trump's pre-inauguration event, according to sources.

politics
TikTok ban upheld by Supreme Court.

TikTok ban upheld by Supreme Court.

politics
Biden grants clemency to nearly 2,500 individuals in his final days as president.

Biden grants clemency to nearly 2,500 individuals in his final days as president.

politics
Biden expresses gratitude to military personnel for their 'fortitude' and 'honesty' during challenging circumstances in his farewell address.

Biden expresses gratitude to military personnel for their 'fortitude' and 'honesty' during challenging circumstances in his farewell address.

politics
RNC chair on GOP's future: "Ensure Trump supporters remain Republican voters"

RNC chair on GOP's future: "Ensure Trump supporters remain Republican voters"

politics
Over 400 farmer and grower organizations urge the Senate to approve Trump's nominee for USDA.

Over 400 farmer and grower organizations urge the Senate to approve Trump's nominee for USDA.

politics
The DOJ releases the final statistics on violent crimes during the Biden administration.

The DOJ releases the final statistics on violent crimes during the Biden administration.

politics
Florida Governor Candidate Byron Donalds Increases Volume for Potential 2026 Run

Florida Governor Candidate Byron Donalds Increases Volume for Potential 2026 Run

politics