Cori Bush Calls On Biden to Protect Reproductive Rights With ERA

With just over two months to go until U.S. President-elect Donald Trump takes office, U.S. Rep. Cori Bush on Wednesday urged President Joe Biden to take all the action he can to protect reproductive rights from Republican leader who has bragged about his role in ensuring Roe v. Wade was overturned.

Biden "must immediately direct the archivist of the United States to certify and publish the Equal Rights Amendment which can protect access to abortion care and contraception," said the Missouri Democrat, who co-chairs the Congressional Caucus for the Equal Rights Amendment. 

Bush's call comes more than a year after the congresswoman and Sen. Kirsten Gillibrand (D-N.Y.) introduced the ERA Now Resolution, urging Colleen Shogan, the archivist of the United States, to certify state ratifications of the amendment and publish it in the Federal Register, which would formally cement it as part of the U.S. Constitution.

First introduced 101 years ago, the ERA would guarantee legal equality for women and men in the U.S. It could push judges to overturn anti-abortion rights laws on the basis that they violate a constitutional right to gender equality. In Utah, a state-level ERA has successfully blocked an abortion ban.

Since first being proposed, the ERA was passed by Congress in 1972 and sent to the states for ratification. Virginia became the 38th state to ratify it in 2020, meeting the threshold for it to become law.

"Today the ERA has met all the constitutional requirements to become the 28th Amendment—all that's standing in the way is some paperwork," said Bush in July on the anniversary of the ERA's introduction. "As Republicans and the Supreme Court's extremist majority continue to attack access to abortion care, contraception, and LGBTQ+ rights, the ERA is needed now more than ever to protect our communities. I'm urging the archivist to fulfill her ministerial duty by certifying and publishing the Equal Rights Amendment and affirming it as the 28th Amendment."

The overturning of Roe in 2022 paved the way for at least 21 states to ban or restrict abortion care. Republicans in Congress have proposed a nationwide 15-week abortion ban. Trump has claimed he would not sign a national ban but Vice President-elect JD Vance has expressed support for one.

"There is always the possibility of a national ban," Brittany Fonteno, president of the National Abortion Federation, told The Cut on Wednesday.

In her July statement, Bush said that "one hundred and one years of advocacy have brought us to this moment, and we refuse to wait a minute longer to cement constitutional gender equality as the law of the land in St. Louis, Missouri, and across the nation."