▶ On January 27, 2020, the Commonwealth of Virginia became the 38th state to ratify the Equal Rights Amendment. The American Bar Association (ABA) has recognized that the Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment. I agree with the ABA and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution.

See the full statement from President Joe Biden on the Whitehouse Website.

On Friday, January 17, 2025, the President, through the Whitehouse, put out a statement confirming that the Equal Rights Amendment was properly properly ratified and became the 28th Amendment to the US Constitution as of January 27, 2020, noting that The American Bar Association (ABA) has recognized that the Equal Rights Amendment has cleared all necessary hurdles to be added to the US Constitution.

It isn’t often that the Whitehouse puts out a statement from the President confirming that he recognizes one of the Constitution’s Amendments. It usually assumed that the President of the United States recognizes all of the the Amendments to the Constitution , but we live in a Post-Trump era, so we can’t assume anything about the President anymore. In a few days the President of the United States will be a convicted felon with several unresolved criminal matters, including a recent attempted coup d’état.

In response to the statement Vice President elect JD Vance tweeted, “Hey Joe if we’re doing fake shit on the way out can you declare Pete Rose into the Hall of Fame? “

What does it mean in the immigration context if President Trump tries to ignore portions of the Constitution that he does not agree with, particularly when it comes to the issue of Birthright Citizenship which he has promised to end on his first day in office, which is now only three days away?