How Biden’s attempt to add a constitutional amendment raises questions about his awareness

Published June 8, 2025 8:00am ET



Former President Joe Biden’s attempt to add an amendment to the Constitution with a statement issued just before he left office is one of several eleventh-hour moves that could come under renewed scrutiny in light of revelations about his deteriorating cognitive abilities at the time.

Three days before President Donald Trump’s inauguration, the White House issued a statement in Biden’s name stating that the Equal Rights Amendment had become the 28th Amendment and is now “the law of the land.” Biden repeated similar language, reading prepared remarks at an event later in the day, and he briefly answered a reporter’s question about why he waited until the end of his presidency to act by saying he first had to gather “all the facts.”

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