Biden nailed with mockery and contempt over absurd attempt to declare 28th Amendment to the Constitution

Outgoing President Joe Biden issued a declaration that was mocked and ridiculed for attempting to simply declare a 28th Amendment to the Constitution.

Biden posted on social media his "belief" that the Equal Rights Amendment was ratified to the Constitution.

'Dementia is not a magic ticket to become a dictator.'

"Today I'm affirming what I have long believed and what three-fourths of the states have ratified," read the missive attributed to Biden. "The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex."

He was immediately fact-checked by a community note on the X platform that cited the Department of Justice under Biden.

"The National Archivist who is responsible for enrolling new amendments has stated that that the ERA has not been lawfully ratified, citing a legal opinion drafted by the Biden Justice Department’s Office of Legal Counsel in 2022 confirming this position," read the note.

The amendment needed three-fourths of states' approval to be ratified, and Congress had sent a time limit to reach the threshold by 1982. The effort failed despite some states voting to ratify the amendment after the time deadline.

Biden was also assailed by critics online for the absurd proclamation.

"No he didn't. He says he did, but because he can't, he didn't," replied Brit Hume of Fox News.

"Sir, this is not how the Constitution works. Dementia is not a magic ticket to become a dictator that asserts Constitutional amendments into existence," responded Molly Hemingway.

"Who would have guessed that the guy who illegally and proudly tried to forgive everyone's student loans would have no regard for the rule of law and would pretend he has magic powers?" said Tim Carney of the American Enterprise Institute.

"Nope, sorry, you can't just 'declare' the 28th Amendment law, anymore than I can declare you dead. That requires a coroner. And this requires a constitutional process," responded Ben Shapiro of The Daily Wire.

Others noted that even the late feminist icon and Supreme Court Justice Ruth Bader Ginsberg admitted in 2020 that the ERA struggle had failed and needed a reboot.

“There’s too much controversy about latecomers,” Ginsburg said at the time. “Plus, a number of states have withdrawn their ratification. So if you count a latecomer on the plus side, how can you disregard states that said ‘we’ve changed our minds?’”

A challenge on the basis of Biden's declaration could end up in the U.S. Supreme Court, which currently has a conservative majority and would likely strike down the amendment.

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