Biden says Equal Rights Amendment should be considered ratified but not taking action
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(WASHINGTON) — President Joe Biden on Friday said the Equal Right Amendment should be considered ratified, but is stopping short of taking any action on the matter in his final days in office.
“I have supported the Equal Rights Amendment for more than 50 years, and I have long been clear that no one should be discriminated against based on their sex,” Biden said. “We, as a nation, must affirm and protect women’s full equality once and for all.”
Biden said he agreed with the American Bar Association, which has said the amendment cleared the necessary hurdles to be added to the Constitution after Virginia in 2020 became the 38th state to ratify it even though that was well past the deadline for ratification.
“It is long past time to recognize the will of the American people,” Biden said. “In keeping with my oath and duty to Constitution and country, I affirm what I believe 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.”
Political debate around the ERA, which was first introduced in 1923, ramped up after the Supreme Court overruled Roe v. Wade in 2022 and again after the 2024 election.
In December, more than than 120 congressional Democrats called on Biden to officially ratify the amendment before ceding power to President-elect Donald Trump.
“Solidifying your legacy on equal rights with a final action on the ERA would be a defining moment for the historic Biden-Harris administration and your presidency,” they said in their letter to Biden.
The move prompted a rare statement from the leaders of the National Archives, who contended the amendment couldn’t be certified without action from Congress or the judicial system because states did not meet the deadline established by Congress for ratification.
Lawmakers had set a seven-year deadline in 1972 for state ratification, though later extended it by an additional three years. Efforts by Democrats in recent years to remove the deadline have failed.
“Court decisions at both the District and Circuit levels have affirmed that the ratification deadlines established by Congress for the ERA are valid,” the archivists wrote. “Therefore, the Archivist of the United States cannot legally publish the Equal Rights Amendment.”
Though Biden renewed his call for the ERA to become law of the land, he is not taking any action on the matter before he departs the White House on Monday, according to a senior administration official.
When pressed by reporters whether any steps would be taken in addition to Biden’s messaging, the official “he is using his power of the presidency to make it clear that he believes and he agrees with leading constitutional scholars,” but said he wasn’t taking any specific action.
When asked why the announcement came now, the official said that Biden has supported the amendment for decades but said that he felt strongly about making this push before he leaves office.
If Biden had taken any action to force ratification, it would have likely resulted in a legal fight, experts said.
“At that point, there would be further litigation,” Wilfred Codrington III, a constitutional law professor at Cardozo Law, previously told ABC News. “But really that would just become a question or a conflict between the president and Congress.”
“If Congress is not doing something to suggest that the amendment is ratified, then that’s kind of where the ball is going to end,” Codrington said. “Congress is ultimately the gatekeeper when it comes to amendments.”
The ERA is unlikely to be a priority in the incoming administration or new Congress, where Republicans control the House and Senate. Republicans have argued in the past that the amendment is unnecessary and duplicative.
“That doesn’t seem to be where the Republicans are going,” Codrington said. “But it is notable that states are also another avenue that advocates can look to.”
Codrington pointed to New York voters approving Proposition 1, a measure akin to the Equal Rights Amendment that also includes safeguards to abortion access, during the 2024 election.
Vivek Ramaswamy, a former presidential candidate and ally of Donald Trump, said the president-elect would bring the country together while also defending Trump’s immigration plan for mass deportations.
Speaking to “This Week” co-anchor Jonathan Karl, Ramaswamy urged Democrats to give Trump a chance in office and called on them to resist efforts to cast him as a threat to democracy.
“What you’re hearing from Donald Trump is he is going to be a president for all Americans. He is a guy who, in that first term, he had crowds chanting ‘lock her up’ for Hillary Clinton. He didn’t prosecute her. I think Donald Trump is focused on what makes people’s lives better. And actually, my message to Democrats out there, even those who didn’t vote for Donald Trump, is to give him a chance to actually make your life better,” Ramaswamy said.
“I think it’s time to turn the page on a lot of these histrionics, or Hitler comparisons,” he added, before later saying that “success is unifying. Nothing’s going to unite this country more than economic growth.”
Ramaswamy ran against the former and now president-elect in the 2024 GOP primary as a culture warrior in Trump’s image, though he ended his campaign the night of the Iowa caucuses and endorsed the former president.
On Sunday, he also defended Trump’s vow for a mass deportation force, predicting that the tougher enforcement measures will also lead to undocumented immigrants leaving the country on their own.
“Donald Trump’s campaign promise was the largest mass deportation in American history, and he’s going to keep that promise,” Ramaswamy said. “Not an iota, not a cent of government spending should go to subsidize this, not to sanctuary cities, not to federal aid to people who are in this country illegally, and we’re going to see a large number, by the millions, of self-deportations as well.”
Pressed by Karl on the fate of the so-called “Dreamers” — people who were brought to the United States as children without valid documentation — Ramaswamy declined to explicitly say how the incoming administration would approach this group of undocumented immigrants, which includes many adults who have spent most of their life in the U.S. During his first term, the Trump administration attempted to rescind the Obama-era program that allowed such migrants to stay and work in the country.
“I say this as the kid of legal immigrants to this country, as the proud child of legal immigrants to the United States of America. If your first act of entering this country broke the law, that doesn’t allow you to remain in this country,” Ramaswamy said. “One is, no migration without consent. Think about your nation like a body. Number two is that consent should only be granted, and should be granted to migrants who benefit the United States of America. But those who enter without consent must be removed.”
As a vocal Trump ally, Ramaswamy is thought of as a potential future member of the Trump administration, though he did not specify what role would interest him.
“There’s a couple great options on the table. I want to have the biggest possible impact on this country. We’re not going to sort that out in the press… we’re having some high-impact discussions.”
(WASHINGTON) — President-elect Donald Trump has asked the U.S. Supreme Court to prevent Friday’s sentencing in his New York criminal hush money case.
In a filing Wednesday, defense lawyers argued that a New York judge lacks the authority to sentence the president-elect until Trump exhausts his appeal based on presidential immunity.
“This Court should enter an immediate stay of further proceedings in the New York trial court to prevent grave injustice and harm to the institution of the Presidency and the operations of the federal government,” Trump’s lawyers wrote.
The move came after a New York appeals court earlier Tuesday denied Trump’s request to delay the Jan. 10 sentencing.
Trump was found guilty in May on 34 felony counts of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.
In asking the Supreme Court to intervene, Trump has presented the court with an unprecedented situation of a former president — whose appointment of three justices cemented the court’s conservative majority — asking the country’s highest court to effectively toss his criminal conviction less than two weeks ahead of his inauguration.
Trump asked the Supreme Court to consider whether he is entitled to a stay of the proceedings during his appeal; whether presidential immunity prevents the use of evidence related to official acts; and whether a president-elect is entitled to the same immunity as a sitting president.
If adopted by the justices, Trump’s argument about immunity for a president-elect could expand the breadth of presidential authority, temporarily providing a private citizen with the absolute immunity reserved for a sitting president.
In a 6-3 decision last year, the Supreme Court broadened the limits of presidential immunity, finding that a former president is presumptively immune from criminal liability for any official acts and absolutely immune related to his core duties. The decision not only expanded the limits of presidential power but also upended the criminal cases faced by Trump.
Despite that favorable opinion, Trump faces uncertainty in convincing the justices to halt his sentencing. The Supreme Court does not typically take on random interlocutory appeals, even by a president-elect.
Trump’s lawyers also argued that the former president’s conviction relied on evidence of official acts, including his social media posts as president and testimony from his close White House advisers. The New York judge in the case, Juan Merchan, ruled that Trump’s conviction related “entirely to unofficial conduct” and “poses no danger of intrusion on the authority and function of the Executive Branch.”
“This appeal will ultimately result in the dismissal of the District Attorney’s politically motivated prosecution that was flawed from the very beginning, centered around the wrongful actions and false claims of a disgraced, disbarred serial-liar former attorney, violated President Trump’s due process rights, and had no merit,” Trump’s filing to the Supreme Court said.
(WASHINGTON) — Pete Hegseth, President-elect Donald Trump’s embattled pick for defense secretary, is facing senators on Tuesday for his confirmation hearing.
Hesgeth is expected to be grilled by the Armed Services Committee on allegations of misconduct and sexual impropriety he’s denied — as well as his position on military policy issues, including women in combat and diversity goals.
Hegseth defends comments about women in combat
Democratic Sen. Jeanne Shaheen grilled Hegseth on his past comments about women serving in the military, including his previous comments that women should not serve in some combat roles.
“Senator, I would like to clarify, when I’m talking about that issue, it’s not about the capabilities of men and women, it’s about standards,” Hegseth said. “And this committee has talked a lot about standards, standards that we unfortunately, over time, have seen eroded in certain duty positions, certain schools, certain places, which affects readiness, which is what I care about the most, readiness.”
During the exchange, Shaheen asked Hegseth for his message to the almost 400,000 women serving today who she said now may wonder whether they can rise to the highest ranks of the military.
“I would say I would be honored to have the opportunity to serve alongside you, shoulder to shoulder, men and women, Black, white, all backgrounds with a shared purpose,” Hegseth said. “Our differences are not what define us. Our unity and our shared purpose is what define us. And you will be treated fairly and with dignity, honor and respect, just like every man and woman in uniform.”
After a tense back and forth, Shaheen said to Hegseth: “I appreciate your eleventh-hour conversion.”
Hegseth says US has to modernize nuclear arsenal
Sen. Deb Fischer, a Nebraska Republican, questioned Hegseth about investing in the United States nuclear arsenal and whether he agreed with Trump’s posture during his first administration — that preventing attacks from adversaries was the “highest priority.”
“Yes, I do, because ultimately, our deterrence, our survival is reliant upon the capability, the perception and the reality of the capability of our nuclear triad,” Hegseth responded. “We have to invest in its modernization for the defense of our nation.”
Hegseth rails against media when asked to respond to allegations
Committee chairman Sen. Roger Wicker, R-Miss., in the first question of the hearing, asked Hegseth to respond to the allegations against him.
“Let’s get into this allegation about sexual assault, inappropriate workplace behavior, alcohol abuse and financial mismanagement during your time as a nonprofit executive,” Wicker said.
Hegseth, who has denied the accusations, railed against what he claimed was a “coordinated smear campaign” by the news media. “All they were out to do, Mr. Chairman, was to destroy me,” Hegseth said. “And why do they want to destroy me? Because I’m a change agent and a threat to them. Because Donald Trump was willing to choose me, to empower me to bring the Defense Department back to what it really should be, which is war fighting.”
Hegseth then turned personal, saying he’s not “perfect” but is now ready to lead the Pentagon.
“I’m not a perfect person, but redemption is real,” he said. “And God forged me in ways that I know I’m prepared for.”
Hegseth opening statement interrupted by outbursts
Hegseth is now speaking for the first time before the committee.
His opening statement is being interrupted by hecklers, who were then escorted out of the room.
Chairman Roger Wicker thanked authorities for their “swift reaction” to the first incident.
“Let me just say this, the Capitol Police are going to remove immediately individuals who are interrupting the hearing,” Wicker said.
Rep. Mike Waltz, Trump’s pick for national security adviser, endorses Hegseth
Trump’s pick for national security adviser, Rep. Mike Waltz, introduced and endorsed Hegseth.
Waltz was recognized by Sen. Roger Wicker, the chairman of the committee, who noted Waltz was still a member of Congress for several more days.
“He will bring the perspective of being the first secretary of defense to have served as a junior officer on the front lines, not in the headquarters on the front lines in the War on Terror, and recognizes the human costs, the financial costs and the policy drift that was discussed often in this very room that led us to decades and decades of war,” Waltz said of Hegseth.
Waltz is also a retired Army National Guard officer and war veteran.
Charged scene inside the room as confirmation hearing begins
Dozens of veterans — some wearing service badges — filled the hearing room in the Dirksen Building in support of Hegseth, wearing pins with the nominee’s name. A number of them are wearing black baseball caps with the nominee’s name and the bone frog logo associated with the Navy SEALs.
Spotted in the crowd were Sean Parnell, a former Army Ranger and conservative media personality, and Tim Kennedy, an ex-UFC fighter and former Green Beret.
The group, which was buzzing with excitement ahead of the hearing, appeared to cheer for Hegseth and shout “USA!” as the hearing got underway.
There are also a small group of Code Pink antiwar protestors in the room, with signs reading “No Hegseth No Crusade” and “No Hegseth No Christian Jihad.”
ABC News’ Benjamin Siegel, Lauren Peller, Arthur Jones and Olivia Rubin
Panel’s top Democrat to say Hegseth is not qualified for the job
Sen. Jack Reed will tell Hegseth in no uncertain terms that he does not believe he is qualified for the job of Secretary of Defense.
“I do not believe that you are qualified to meet the overwhelming demands of this job,” Reed will say, according to his opening statement.
Reed will also address the allegations against Hegseth, which Hegseth has denied.
“We must acknowledge the concerning public reports against you. A variety of sources — including your own writings — implicate you with disregarding laws of war, financial mismanagement, racist and sexist remarks about men and women in uniform, alcohol abuse, sexual assault, sexual harassment, and other troubling issues. I have reviewed many of these allegations, and find them extremely alarming,” Reed will say.
He also alleges that Hegseth’s comments suggest he will politicize the military.
“Indeed, the challenge of the Secretary of Defense is to remove partisan politics from the military. You propose to inject it. This would be an insult to the men and women who have sworn to uphold their own apolitical duty to the Constitution,” the statement says.
-ABC News’ Allison Pecorin
FBI didn’t interview woman who accused Hegseth of sexual assault in 2017
The FBI’s probe of Hegseth did not include an interview with a woman who accused him of sexual assault years ago, sources familiar with the situation told ABC News.
Top senators on the Armed Services Committee were briefed on the FBI’s background investigation last week but sources said investigators did not speak to the accuser. The circumstances around the lack of an interview with the woman are unclear.
A police report stated that a woman, identified only as Jane Doe, told investigators in 2017 she had encountered Hegseth at an event afterparty at a California hotel where both had been drinking and claimed that he sexually assaulted her. Hegseth had told authorities that the encounter was consensual.
No charges were filed, although Hegseth subsequently paid the woman as part of a settlement agreement, which Hegseth’s attorney said was only because he feared his career would suffer if her allegations were made public.
Read more about the police report and alleged altercation here.
-ABC News’ Rachel Scott, Katherine Faulders and Luke Barr
Trump reiterates support for Hegseth
In a post on his social media platform, Trump wrote Hegseth will make a GREAT Secretary of Defense.
“He has my Complete and Total support. Good luck today, Pete!” Trump wrote.
Plus, Trump senior adviser Jason Miller did a morning show blitz praising Hegseth.
“I think Pete Hegseth is going to kill them with kindness,” Miller said on CNN, previewing Hegseth’s strategy ahead of the hearing.
On Fox News, Miller said he believed Hegseth was the war hero the United States needs and highlighted support from veterans for his nomination.
“I don’t see it so much of a challenge. I think it’s an opportunity to talk about restoring that warrior ethos, that warrior spirit, back into the military,” Miller said as he avoided any concerns of Hegseth’s past.
-ABC News Oren Oppenheim and Kelsey Walsh
Hegseth to pitch himself as ‘change agent’
In his opening statement, obtained by ABC News, Hegseth does not mention the allegations against him but vows to be a “change agent” and bring a “warrior culture” back to the Defense Department.
“I want to thank President Trump for his faith in me, and his selfless leadership of our great Republic,” Hegseth will say, according to the prepared remarks. “The troops could have no better Commander-in-Chief than Donald Trump.”
“He, like me, wants a Pentagon laser-focused on warfighting, lethality, meritocracy, standards, and readiness,” Hegseth will say. “That’s it. That is my job.”
Hegseth will go on to address his lack of experience compared to previous Pentagon chiefs.
“It is true that I don’t have a similar biography to Defense Secretaries of the last 30 years. But, as President Trump also told me, we’ve repeatedly placed people atop the Pentagon with supposedly ‘the right credentials’ — whether they are retired generals, academics, or defense contractor executives — and where has it gotten us? He believes, and I humbly agree, that it’s time to give someone with dust on his boots the helm. A change agent. Someone with no vested interest in certain companies or specific programs or approved narratives,” the prepared statement reads.
-ABC News’ Rachel Scott
How Hegseth could overhaul the military
Hegseth, if confirmed, would be in charge of a massive organization of more than 1 million active-duty service members and nearly 1 million civilian workers.
Hegseth has previously discussed going after alleged “wokeness” in the military by firing certain generals, taking aim at DEI initiatives and other programs. He’s also said he is generally against women serving in certain combat roles unless they pass high standards men do.
Read more about the police report and alleged altercation here.
Hegseth’s rocky nomination
Hegseth, a former Fox News host who had served in Iraq and Afghanistan as an infantry officer in the U.S. Army Reserve and the National Guard, was nominated by Trump in mid-November.
He quickly faced scrutiny from some lawmakers over his lack of management experience. Then came reports of alleged sexual misconduct and financial mismanagement, which he’s denied.
At one point, ABC News reported Trump was looking at possible replacements to Hegseth.
But Hegseth’s spent many days on Capitol Hill looking to shore up support, vowing to fight and telling lawmakers he’s a “changed man.” It appeared he was gaining some Republican support back after his one-on-one meetings with lawmakers, and Trump has since doubled down on his support for his Pentagon pick.
Still, the Senate panel that will question him on Tuesday had quietly sought additional information on some of the allegations before the hearing.
