In his last days in office, Biden started changing the US Constitution by means of social media posts:
I’m putting this hear because people will forget the moment Trump is sworn in that there is now precedent for this, and the Democrats started it.
Changing the Constitution
Clarissa's Blog 
The ERA has been dead as a doornail for years, and the delusional ramblings of our departing senile president do not change that.
Dreidel
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“delusional ramblings of our departing senile president”
Both the non-mainstream left and right have been trying to junk the constitution for years…. this represents a dangerous escalation.
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Doesn’t matter because living constitutionalist judges can interpret or reinterpret the 14th Amendment as achieving anything that the ERA could have done. Even a living originalist could embrace this:
https://texaslawreview.org/wp-content/uploads/2015/08/Calabresi-Rickert-90-TLR-1.pdf
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You are correct that contemporary judges could rule that the 14th Amendment applies to all citizens regardless of gender, rendering the ETA moot.
Dreidel
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ERA, no? Not ETA.
Technically, SCOTUS has already been doing this since the 1970s, but with intermediate scrutiny for sex discrimination rather than strict scrutiny. You can get liberals to dominate SCOTUS in the future and then begin applying strict scrutiny to sex discrimination just like SCOTUS already currently does for racial discrimination.
Arguably, from a living constitutionalist perspective, even slavery could have been abolished without the Reconstruction Amendments. Just use the Guarantee Clause, or the Commerce Clause. Though a subsequent brutal and bloody American civil war would likely not have been averted afterwards.
But Yeah, arguably we don’t even need the Reconstruction Amendments. If they didn’t exist, living constitutionalist judges could simply use the Guarantee Clause in the original US Constitution to much the same effect–as in, in applying a general anti-discrimination principle against US states.
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I think this just shows how completely out of touch Biden is. I’m in my 50s, and the ERA was an actual political issue when I was a child. The people who care passionately about the ERA are all retirement age. Biden has no power to declare an amendment ratified (there’s a process and it doesn’t involve the president) and I can’t imagine what he or anyone around him thought he would accomplish by posting this.
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Interestingly enough, Phyllis Schlafly based her opposition to the ERA in the 1970s in part on fear that it could eventually be used to allow same-sex marriage. Well, we now have same-sex marriage nationwide and don’t see a bogeyman in this issue any longer, thankfully!
I doubt that unisex restrooms are such a huge bogeyman either, honestly. One can do unisex, single-stall restrooms if one was so determined. And drafting women is not a bad idea either, in the event of a new war (which I hope will never come).
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