CNN’s Arlette Saenz Downplays Biden Declaring ERA the Law of the Land: ‘Legal Precedent Has Not Changed’
CNN White House correspondent Arlette Saenz poured cold water on the significance of President Joe Biden declaring the Equal Rights Amendment the law of the land on Friday.
On Friday, Biden declared the ERA, the unratified, controversial amendment, the law of the land in a last-minute effort to score a victory before he leaves the White House.
However, the White House acknowledged that Biden’s announcement has no immediate force of law and merely reflects the president’s opinion. The National Archives also has no plans to formally add the ERA to the Constitution.
Saenz joined CNN anchor Pamela Brown following the issuance of Biden’s statement and noted that “legal precedent” surrounding the ERA “has not changed”:
This has been a long, winding road for the Equal Rights Amendment. It is President Biden’s belief, he said today that this is ratified, that it is the law of the land. But there are real questions about where this goes next. As you mentioned, the Equal Rights Amendment, which enshrines women’s rights, was passed in 1972, but it took decades to actually get the necessary states to ratify it. It requires for a constitutional amendment for three quarters of the states to sign on. And it wasn’t until 2020 when Virginia became the 38th state to ratify this amendment. But then that’s where part of this hits a snag. There was an initial deadline for ratification, which was passed. And then also there are some states who have since rescinded their ratification.
But President Biden is saying that he is siding with the American Bar Association’s analysis, which has determined that they have cleared all legal hurdles to make the Equal Rights Amendment a constitutional amendment. President Biden said it is long past time to recognize the will of the American people. In keeping with my oath and duty, the Constitution and country. I affirm what I believe and what three fourths of the states have ratified. The 28th Amendment is the law of the land. But this is simply President Biden’s opinion. In order for this to actually be a constitutional amendment that would require the archivists of the US to go and publish this. And so far, the National Archives is saying that the legal precedent really hasn’t changed. They said the underlying legal and procedural issues have not changed, that there are established legal, judicial and procedural decisions. So they are not making any changes at this time. But certainly there will be a lot of questions about what this looks like going forward and whether legal challenges might ensue.
Watch the clip above via CNN.
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