Biden’s official X account draws scorn citing constitutional amendments that don’t exist

President Biden doesn’t seem to be resting during his final weekend in the White House. Instead, he is pushing for a new amendment to the Constitution that would make the Equal Rights Amendment (ERA) the “law of the land.”

In a statement released by the White House, Biden demanded that the United States “affirm and protect the full equality of women once and for all.”

While his point is clear in the statement, a post on his official X account prompted users to mock the president. The post refers to the 28th amendment to the constitution. However, the US Constitution has only 27 amendments, the last of which was ratified in 1992.

In a post on X, the ERA is called “the law of the land,” implying that it is already part of the Constitution, which it is not. Social media users were quick to point this out, with some calling the president a “dictator”.

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Others online also brought up Biden’s earlier rhetoric that Trump was a “threat to democracy” and accused the president of trying to “declare” a change to exist.

Biden delivers his farewell address to the nation from the Oval Office of the White House in Washington, DC, on January 15, 2025. (MANDEL NGAN/Pool via REUTERS)

Citing the American Bar Association in the statement, Biden argued that the ERA has “cleared all necessary hurdles to be formally added to the Constitution.” Biden added that he agreed with “the ABA and with leading constitutional scholars that the Equal Rights Amendment has become part of our Constitution.” But despite Biden’s argument, the National Archives disagreed.

In its own December statement on the ERA, the National Archives said that “at this time, the Equality Amendment cannot be certified as part of the Constitution due to established legal, judicial and procedural decisions.”

President Joe Biden speaks in the Roosevelt Room of the White House in Washington, DC, on September 15, 2023. (Chris Kleponis/CNP/Bloomberg via Getty Images)

ERA: WHAT YOU NEED TO KNOW ABOUT THE EQUAL RIGHTS AMENDMENT

ERA, a proposed amendment to the Constitution that would guarantee “equal rights under the law” to all Americans regardless of sex. Its latest iteration was a quick response by New York Democrats to the Supreme Court’s Dobbs v. Jackson’s decision by the Women’s Health Organization in June 2022.

“It is long past time to recognize the will of the American people. In accordance with my oath and duty to 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 country that guarantees all Americans equal rights and protection under the law regardless of their gender,” Biden said in the White House statement.

The claim prompted a community note, which read: “Readers added context they thought people might want to know. The Archivist of the United States, charged with officially publishing ratified amendments, has confirmed that the ERA was not ratified and based this analysis on binding legal precedent. There is no 28th Amendment.”

A spokesman for the Biden administration did not respond to a request for comment.

The official POTUS account — which currently represents the Biden administration — drew heavy criticism for the remarks. (Chip Somodevilla)

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Over the past few years, America’s divide over women’s rights has widened. Some celebrated the Supreme Court’s Dobbs decision, while others saw it as a fundamental attack on liberty. In addition, the inclusion of transgender athletes in women’s sports has become a heated debate about fairness and equality.