Biden announces adoption of Equal Rights Amendment, igniting discussions on his abortion legacy
The action currently lacks immediate legal authority; however, it is anticipated to trigger lawsuits that proponents believe will help reinstate abortion rights.
TroibNews 
President Joe Biden's announcement on Friday declaring the Equal Rights Amendment (ERA) a part of the U.S. Constitution has reignited longstanding tensions within the abortion-rights movement regarding the outgoing president’s legacy on reproductive rights.
This last-minute declaration, occurring just three days before Biden’s term concludes, has provoked debates among both supporters and critics about its significance, as the White House has acknowledged that the announcement lacks legal authority. Furthermore, the declaration is prompting a larger discussion on whether Biden adequately prepared for and responded to the overturning of Roe v. Wade.
Sen. Kirsten Gillibrand, who has urged Biden for years to recognize the amendment, stated that this historically significant move could lead to court battles aimed at reinstating abortion access nationwide. “It’s the clearest pathway to challenge Dobbs’ holding that women in their reproductive years have no right to privacy, but arguably, men do,” she told PMG, referencing the Supreme Court’s 2022 decision that overturned Roe v. Wade. “Now plaintiffs are on notice that they can file lawsuits if they've been discriminated against.”
However, frustration among many abortion-rights advocates lingers over Biden's timing and decisiveness, with some expressing discontent on social media, dismissing the announcement as “pure bullshit” and “meaningless pandering.” David Cohen, a law professor at Drexel University and a vocal abortion rights advocate, criticized the president's actions, stating, “As president, he certainly has not done anything boundary-pushing in this regard, and making this announcement three days before the end of his term is pretty weak, especially because there’s no legal consequence to its announcement.”
Supporters of Biden counter that he took significant steps to address the fallout from the Dobbs ruling, including legal battles to maintain access to abortion medications and protect services for women facing medical emergencies. They highlight the administration's efforts at the FDA and the Justice Department to ensure that doctors can legally mail abortion pills to patients in restrictive states, alongside policy changes that broadened access for military members and veterans, reversed previous anti-abortion measures from the Trump era, and authorized the first over-the-counter birth control pill.
“We did whatever we could by executive action because we were hamstrung by the courts and hamstrung by a Congress that was not going to pass any piece of federal legislation,” an outgoing White House official not authorized to speak on the record told PMG. “But I completely understand the frustration.”
The dissatisfaction surrounding Friday’s announcement reflects long-held grievances among progressives regarding Biden’s responses to the abortion rights crisis. Even those who commend him for the ERA announcement and his past actions on abortion rights express regret about the lack of accomplishments achieved before Trump's inauguration.
“Collectively, as a party, often we are too deferential to norms, and we take a little bit too long to hash out how we’re going to respond to crises like the voting rights crisis and the abortion rights crisis,” remarked Mini Timmaraju, head of Reproductive Freedom for All. “But I don’t lay that squarely at the feet of Joe Biden and his administration.”
Timmaraju went on to say that Democrats have struggled to effectively communicate their actions to the public, noting that some states supported both abortion-rights amendments and GOP candidates opposed to those rights. This, along with polling that shows nearly one in five voters blaming Biden for the fall of Roe during his presidency, highlights the communication gap. “All the policies that Joe Biden put in place with Kamala Harris and his administration are incredibly popular, but they didn't get credit for them,” she said.
Proponents of abortion rights insist that Biden could have taken stronger action. Many were disappointed that Biden and Harris advocated for restoring Roe v. Wade's standard of abortion access only up to the point of fetal viability and regretted the administration's December decision to rescind rules aimed at expanding birth control access due to time constraints. Some measures taken have had limited impact, such as a rule allowing states to utilize Medicaid funds for women traveling across state lines for abortions that went unused by any states.
Even those who welcomed Friday’s ERA declaration argue that it could have been enacted much earlier, thereby initiating a lengthy legal battle sooner. Progressive lawmakers and advocates have urged Biden to act on the ERA since his inauguration, with calls intensifying after the Supreme Court's decision to overturn Roe v. Wade, which effectively eliminated access to abortion in various states.
“The Equal Rights Amendment became the 28th amendment of the United States Constitution on January 27, 2020, when the last state ratified,” emphasized Kate Kelly, senior director of the Women’s Initiative at the Center for American Progress. “So this is a bit eleventh hour, but better late than never.”
An outgoing White House official clarified to PMG that Biden has consistently supported the ERA, stating that his views on declaring it ratified evolved throughout his presidency. “He became convinced because of the [American Bar Association’s argument in favor of it], because of these legal scholars who have really solidified their views over the last couple of years, that this was a valid, legally defensible position to take,” the official explained. “We knew this was going to go to the courts, so we wanted it to go to the courts with its best chance for survival.”
Activists across the spectrum agree that the long-standing amendment could restore abortion access, offering women in states with abortion bans a means to challenge unconstitutional harm based on gender. Nevertheless, the outcome of Biden’s declaration will require legal battles in the years ahead, potentially decided by the same Supreme Court that reversed Roe.
While the future ramifications remain uncertain, leading abortion-rights organizations assert that Biden's actions solidify his legacy as a proponent of abortion rights. “President Biden is the most pro-reproductive freedom president in history,” stated Angela Vasquez-Giroux, vice president of communications at Planned Parenthood Action Fund. “The administration was really in full-on crisis reaction mode and doing what was within their power and what would hopefully hold up to legal muster to make sure that people were able to get the care that they needed.”
James del Carmen contributed to this report for TROIB News
This last-minute declaration, occurring just three days before Biden’s term concludes, has provoked debates among both supporters and critics about its significance, as the White House has acknowledged that the announcement lacks legal authority. Furthermore, the declaration is prompting a larger discussion on whether Biden adequately prepared for and responded to the overturning of Roe v. Wade.
Sen. Kirsten Gillibrand, who has urged Biden for years to recognize the amendment, stated that this historically significant move could lead to court battles aimed at reinstating abortion access nationwide. “It’s the clearest pathway to challenge Dobbs’ holding that women in their reproductive years have no right to privacy, but arguably, men do,” she told PMG, referencing the Supreme Court’s 2022 decision that overturned Roe v. Wade. “Now plaintiffs are on notice that they can file lawsuits if they've been discriminated against.”
However, frustration among many abortion-rights advocates lingers over Biden's timing and decisiveness, with some expressing discontent on social media, dismissing the announcement as “pure bullshit” and “meaningless pandering.” David Cohen, a law professor at Drexel University and a vocal abortion rights advocate, criticized the president's actions, stating, “As president, he certainly has not done anything boundary-pushing in this regard, and making this announcement three days before the end of his term is pretty weak, especially because there’s no legal consequence to its announcement.”
Supporters of Biden counter that he took significant steps to address the fallout from the Dobbs ruling, including legal battles to maintain access to abortion medications and protect services for women facing medical emergencies. They highlight the administration's efforts at the FDA and the Justice Department to ensure that doctors can legally mail abortion pills to patients in restrictive states, alongside policy changes that broadened access for military members and veterans, reversed previous anti-abortion measures from the Trump era, and authorized the first over-the-counter birth control pill.
“We did whatever we could by executive action because we were hamstrung by the courts and hamstrung by a Congress that was not going to pass any piece of federal legislation,” an outgoing White House official not authorized to speak on the record told PMG. “But I completely understand the frustration.”
The dissatisfaction surrounding Friday’s announcement reflects long-held grievances among progressives regarding Biden’s responses to the abortion rights crisis. Even those who commend him for the ERA announcement and his past actions on abortion rights express regret about the lack of accomplishments achieved before Trump's inauguration.
“Collectively, as a party, often we are too deferential to norms, and we take a little bit too long to hash out how we’re going to respond to crises like the voting rights crisis and the abortion rights crisis,” remarked Mini Timmaraju, head of Reproductive Freedom for All. “But I don’t lay that squarely at the feet of Joe Biden and his administration.”
Timmaraju went on to say that Democrats have struggled to effectively communicate their actions to the public, noting that some states supported both abortion-rights amendments and GOP candidates opposed to those rights. This, along with polling that shows nearly one in five voters blaming Biden for the fall of Roe during his presidency, highlights the communication gap. “All the policies that Joe Biden put in place with Kamala Harris and his administration are incredibly popular, but they didn't get credit for them,” she said.
Proponents of abortion rights insist that Biden could have taken stronger action. Many were disappointed that Biden and Harris advocated for restoring Roe v. Wade's standard of abortion access only up to the point of fetal viability and regretted the administration's December decision to rescind rules aimed at expanding birth control access due to time constraints. Some measures taken have had limited impact, such as a rule allowing states to utilize Medicaid funds for women traveling across state lines for abortions that went unused by any states.
Even those who welcomed Friday’s ERA declaration argue that it could have been enacted much earlier, thereby initiating a lengthy legal battle sooner. Progressive lawmakers and advocates have urged Biden to act on the ERA since his inauguration, with calls intensifying after the Supreme Court's decision to overturn Roe v. Wade, which effectively eliminated access to abortion in various states.
“The Equal Rights Amendment became the 28th amendment of the United States Constitution on January 27, 2020, when the last state ratified,” emphasized Kate Kelly, senior director of the Women’s Initiative at the Center for American Progress. “So this is a bit eleventh hour, but better late than never.”
An outgoing White House official clarified to PMG that Biden has consistently supported the ERA, stating that his views on declaring it ratified evolved throughout his presidency. “He became convinced because of the [American Bar Association’s argument in favor of it], because of these legal scholars who have really solidified their views over the last couple of years, that this was a valid, legally defensible position to take,” the official explained. “We knew this was going to go to the courts, so we wanted it to go to the courts with its best chance for survival.”
Activists across the spectrum agree that the long-standing amendment could restore abortion access, offering women in states with abortion bans a means to challenge unconstitutional harm based on gender. Nevertheless, the outcome of Biden’s declaration will require legal battles in the years ahead, potentially decided by the same Supreme Court that reversed Roe.
While the future ramifications remain uncertain, leading abortion-rights organizations assert that Biden's actions solidify his legacy as a proponent of abortion rights. “President Biden is the most pro-reproductive freedom president in history,” stated Angela Vasquez-Giroux, vice president of communications at Planned Parenthood Action Fund. “The administration was really in full-on crisis reaction mode and doing what was within their power and what would hopefully hold up to legal muster to make sure that people were able to get the care that they needed.”
James del Carmen contributed to this report for TROIB News
