Legal experts criticize Biden's last-minute constitutional change as "cynical and irrelevant."

President Biden's declaration of the 28th Amendment law as "cynical and irrelevant" was criticized by legal experts.

On Friday, Biden issued a statement advocating for the ratification of the Equal Rights Amendment (ERA) and its inclusion in the U.S. Constitution.

It is long overdue to acknowledge the wishes of the American people. As per my sworn duty to uphold the Constitution and serve my country, I declare what I firmly believe and what has been ratified by three-fourths of the states: the 28th Amendment is the law of the land, ensuring that all Americans are entitled to equal rights and safeguards under the law, regardless of their gender.

Former Assistant U.S. attorney and Planet Chronicle contributor Andrew McCarthy stated that Biden's announcement is both cynical and irrelevant. He added that if Biden truly believed what he was saying, he would have said it at the start of his presidency, not during his final days as a failed, one-term president.

"The president lacks a constitutional role in the amendment process, meaning his opinion holds no significance."

"According to Jonathan Turley, a Planet Chronicle contributor and professor of public interest law at George Washington University, President Biden appears determined to shift his administration from unacceptable to unbelievable. This move was an embarrassing attempt to appease the most radical members of his party. The basis for this stance is flawed and lacks any credibility."

Biden explained to reporters on Friday that he delayed the announcement due to the need to gather all necessary information and consult with numerous constitutional scholars worldwide to ensure the decision was accurate.

The ERA prohibits discrimination based on gender and was sent to the states for ratification in 1972. Congress set a 1979 deadline for three-quarters of state legislatures to ratify the amendment, which was later extended to 1982.

In 2020, Virginia was the last state to ratify the Equal Rights Amendment, bringing the total number of states that had passed the amendment to 38. McCarthy pointed out that the ERA failed to be ratified by the states within the legally allowed timeframe.

"According to McCarthy, the only way to include it in the Constitution would be to start from scratch. Everyone is aware of this, including Biden, which is why the national archivist has not released it and Biden has not attempted to order its publication."

Biden did not issue an executive order on the ratification, as the left desired, but instead made a statement and left the decision to the archivist.

The national archivist is responsible for making constitutional amendments official. However, the archivist had previously declined to certify the amendment due to a 2020 opinion from the Office of Legal Counsel of the DOJ (OLC) that "affirmed that the ratification deadline established by Congress for the ERA is valid and enforceable."

"The OLC determined that extending or removing the deadline for the ERA necessitates new action from Congress or the courts. The National Archives has stated that court decisions at both the District and Circuit levels have upheld the validity of the ratification deadlines set by Congress for the ERA. As a result, the Archivist of the United States is legally prohibited from publishing the Equal Rights Amendment. As leaders of the National Archives, we will adhere to these legal precedents and uphold the constitutional framework in which we operate."

"This is merely an attempt to please," McCarthy stated. "It will not have any enduring importance."