Why Are They Humiliating Themselves?

By Noah Rothman

Friday, January 17, 2025

 

It’s entirely unclear why the outgoing administration, which has already sacrificed a great deal of public trust — an object of dismissive contempt to its detractors and, at best, pity among its supporters — would set fire to the remainder of its credibility by insisting that it can change the Constitution via tweet. But that seems to be today’s administration-wide initiative:

 

Today I’m affirming what I have long believed and what three-fourths of the states have ratified:

 

The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex. pic.twitter.com/oZtS6Q89zG

 

— President Biden (@POTUS) January 17, 2025

 

The Equal Rights Amendment is the 28th Amendment, and it is the law of the land. pic.twitter.com/jl1Ewg2JAf

 

— Vice President Kamala Harris (@VP) January 17, 2025

 

I am compelled to make note of this occurrence not only because it has the ever-diminishing gravity of the president’s imprimatur but also because Joe Biden’s party seems to be taking it seriously:

 

President Biden just declared that the Equal Rights Amendment is now a valid part of the Constitution, and should be considered the law of the land.

 

This is an incredible moment for reproductive freedom, and a historic day for equality – especially with Americans facing the… https://t.co/ZoRdbDFoug

 

— Kirsten Gillibrand (@SenGillibrand) January 17, 2025

 

This episode raises one urgent question: Precisely how many progressive activists have taken the families of our president, vice president, and junior New York senator hostage?

 

Little else explains why they would do so much reputational harm to themselves by insisting that an amendment is suddenly operative, even though its seven-year ratification period ended nearly a half-century ago. Why would they do this to themselves when there is almost nothing to be gained from it and lots of credibility to be lost?