General Discussion

The proclamation by Biden doesn't change anything. Virginia became the 38th state to ratify it five years ago. By the terms of the amendment, it became effective three years ago. The amendment states that "The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.” During the past 3 years, Congress has not adopted such legislation nor, to the best of my knowledge, have there been any successful attempts to bring lawsuits challenging laws or other actions as being contrary to the amendment. There is zero chance of Congress doing anything any time soon and even if they do, it will be challenged in court and the likelihood of the Supreme Court agreeing that it has been ratified seems pretty small.