President Biden on Friday declared that he considers the Equal Rights Amendment to the Constitution is “the law of the land,” a surprising declaration that does not have any formal force of effect, but that is being celebrated by its backers, who plan to rally today in front of the National Archives.
The amendment would need to be formally published or certified to come into effect by the National Archivist — and when or if that will happen is unclear.
The executive branch doesn’t have a direct role in the amendment process, and Biden is not going to order the archivist to certify and publish the ERA, the White House told reporters on a conference call. A senior administration official said that the archivist’s role is “purely ministerial” in nature, meaning that the archivist is required to publish the amendment once it is ratified….