Fact check: Biden could approve the equal rights amendment right now

1. Summary of the results

1. Summary of the results:

While Biden has the theoretical ability to direct National Archivist Colleen Shogan to publish the ERA, this would be just one step in a complex process. The amendment has received the required 38 state ratifications, but faces significant legal and procedural hurdles that extend beyond presidential authority.

2. Missing context/alternative viewpoints:

• Five states have actually rescinded their original ratification, creating legal uncertainty
• The amendment missed its original 1982 deadline, which requires Congressional action to resolve
• The Department of Justice has issued conflicting legal opinions across different administrations
• Publication by the Archivist would likely trigger immediate legal challenges in federal courts
• Senate action would require 60 votes to overcome a filibuster, making Congressional approval difficult in the current political climate

3. Potential misinformation/bias in the original statement:

The statement oversimplifies a complex constitutional process by suggesting presidential unilateral action is sufficient. This oversimplification benefits:

• Democratic politicians who want to appear more capable of immediate action than they actually are
• Progressive advocacy groups seeking to mobilize support by suggesting the delay is purely political rather than procedural
• Conservative opponents who can use this oversimplification to argue that Democrats are deliberately choosing not to act, rather than acknowledging the genuine legal and constitutional barriers

The reality is that ERA implementation requires coordination between multiple branches of government and resolution of several pending legal challenges, not just presidential approval.