Dahlia Lithwick: On Friday morning at 10 a.m., we got a mysterious announcement from President Biden affirming that the ERA is the "law of the land" because, he says, it has been correctly ratified. I don't know what that means exactly. Mark, you and I did a show on this, and I think we both felt pretty strongly that there just wasn't a sound legal or constitutional basis from which to force the national archivist to publish the amendment, as advocates demanded.
Mark Joseph Stern: Regardless, Biden has not, in fact, directed the national archivist to publish the ERA. So I guess my first question for you is: Does President Biden's eleventh-hour announcement have any legal force at all? Is this going to change the legal landscape? Is this just symbolic?
Dahlia Lithwick: My follow-up question is: Oh my God, why did he wait until two days before the end of his presidency to do this thing?
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