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Biden Proclaims That The Equal Rights Amendment Is The Law Of The Land—But What Does That Mean?

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Biden Proclaims That The Equal Rights Amendment Is The Law Of The Land—But What Does That Mean?

President Joe Biden announced on Friday that, as far as he’s concerned, the Equal Rights Amendment is the “law of the land,” a somewhat symbolic move that is poised to allow more women across the country to sue their states for gender discrimination—including challenges to abortion bans.

The ERA, originally drafted over a century ago and passed by Congress in 1972, has faced a long and hard-fought journey toward ratification and implementation as the 28th Amendment to the Constitution. If formally recognized, the ERA would constitutionalize gender equality.

“The Equal Rights Amendment is the law of the land—now!” Biden said in a speech to the United States Conference of Mayors. “It’s the 28th amendment to the Constitution—now.”

While Biden’s declaration is expected to spur legal and political repercussions nationwide, the president’s announcement isn’t so simple.

Immediately following Biden’s announcement on Friday, the National Archives, which publishes constitutional amendments, stated it had no plans to formally add the ERA to the Constitution. When Congress passed the ERA over 50 years ago, the initial preamble required that 38 states move to ratify within seven years (that deadline was extended to 1982). By that year, the amendment was three states short of implementation.

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View of Pro-Choice supporters, including several people with ‘Honored Guest’ sashes, as they take part in a March for Women’s Equality, Washington DC, April 9, 1989. Among the visible signs as ones supporting NARAL (National Association for the Repeal of Abortion Laws) and Physicians For Choice. (Photo by Barbara Alper/Getty Images)

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Thanks to anti-abortion, anti-feminist activists like Phyllis Schlafly, the ERA was squashed. It wasn’t until 2020 that Virginia became the crucial 38th state to ratify the ERA. Yet, because the deadline had long passed and thanks to Donald Trump’s Justice Department saying at the time that ratification took too long, the ERA has remained outside of the founding text—even as about eight in ten US adults, including majorities of men and women and Republicans and Democrats alike, say they at least somewhat favor adding the ERA to the Constitution, according to Pew.

United States Archivist Colleen Shogan, a Biden appointee and the first woman archivist, has repeatedly stated that the ERA’s eligibility has expired and could not be added to the Constitution now unless Congress acts. Last month, Shogan and the deputy archivist released a statement saying they could not certify the ERA “due to established legal, judicial, and procedural decisions.” On Friday, the Archives reiterated its position. “The underlying legal and procedural issues have not changed,” they said in a statement. Biden is also not going to order the archivist to certify and publish the ERA, the White House told reporters.

Biden’s Friday announcement about the ERA comes as the president has filled his last moments in office with sweeping executive measures, including designating national monuments in California, removing Cuba from the list of state sponsors of terrorism, blocking a Japanese company’s takeover of United States Steel, extending protected status to nearly 1 million immigrants, and commuting the sentences of almost everyone on federal death row, as detailed by The Washington Post this week.

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Video: Will ICE Change Under Its New Leader?

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Video: Will ICE Change Under Its New Leader?
Markwayne Mullin, the new homeland security secretary, has promised a different approach, but how much change is likely? Our reporter Hamed Aleaziz describes what we know.

By Hamed Aleaziz, Sutton Raphael, Thomas Vollkommer, Gilad Thaler, Whitney Shefte and Alexandra Ostasiewicz

March 27, 2026

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A surprise resignation could open the door for an independent to win a Montana Senate seat

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A surprise resignation could open the door for an independent to win a Montana Senate seat

Seth Bodnar, the former president of the University of Montana, is now running for Senate as an independent

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BUTTE, Mont. – It’s long been an adage in Montana politics that if you’re running for office, you’d better have a float in the Butte St. Paddy’s Day Parade, which draws thousands to the mining city’s historic uptown, soaking up the nostalgia – and the Guiness. 

Here, you’re just steps from the towering old mining headframes and the one mile long and half mile wide Berkeley Pit. Now shuttered, it was  once one of the world’s largest copper deposits. 

Larry Carden, in a Notre Dame sweatshirt, never misses the parade.

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“You’ll see a lot more boos for the Republicans than you will the Democrats, I can guarantee you that,” he says. 

That’s a nod to Butte’s long history of Democratic politics and a strong labor movement going back to around 1900, when the “Copper King” mine owners ruled Montana business and media, and bribed their way into political office. Today, Carden, who’s retired, is worried that the mega rich are again influencing politics here, and how expensive life is in his home state.

“Between health care and gas and food, and you go to the store the other day, there’s rib steaks $19.99 a pound, you know,” Carden says.  

A political group marches in the St. Patrick's Day parade in Butte, Montana, March 17 2026

A political group marches in the St. Patrick’s Day parade in Butte, Montana, March 17 2026

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This year’s parade followed an unusually turbulent few days in Montana’s political scene – half of its congressional delegation abruptly retired. Despite the state’s recent tilt from purple to deep red, the races for their seats could be more in play now because of the way Senator Steve Daines and Congressman Ryan Zinke, both Republicans, gave up them up and chose their successors. In Daines’ case, he withdrew his candidacy just minutes before the filing deadline. 

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Like a lot of people in Butte, Carden is a longtime Democrat. But he says he’s grown disillusioned with party politics.

“I would rather everything be independent where there is no party designation and then you have to pay more attention to who the person actually is,” Carden says.   

New Candidate opts to go independent

That’s exactly what Seth Bodnar, a former Green Beret running for U.S. Senate, is trying to capitalize on. He joined other candidates mixed in with Irish dancing troupes and fire department floats, as he walked the parade route along Park Street shaking the occasional hand and tossing candy. 

In an interview with NPR earlier in Missoula, Bodnar, who recently resigned his post as University of Montana president, pitched what he says would be his bi-partisan appeal.

“I’m an independent,” Bondar says. “When I raised my right hand at the age of 18 and I swore an oath to this Constitution when I joined the military, not to a political party.”.

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Person over party used to be the playbook in Montana, which some call just one long Main Street. It’s how former Senator Jon Tester used to win despite being a Democrat as the state got redder.

The day after Bodnar formally announced he was gathering signatures to get on the ballot, his long shot bid got taken a lot more seriously. 

Sen. Steve Daines, who was elected to the Senate in 2014, sent shockwaves through the state’s political scene when he announced in a video posted to X that he’d decided not to seek reelection.  

Sen. Steve Daines, R-Mont., speaks at the Senate Finance Committee confirmation hearing for Scott Bessent, President-elect Donald Trump's choice to be Secretary of the Treasury, at the Capitol in Washington, Thursday, Jan. 16, 2025.

Sen. Steve Daines, R-Mont., speaks at the Senate Finance Committee confirmation hearing for Scott Bessent, President-elect Donald Trump’s choice to be Secretary of the Treasury, at the Capitol in Washington, Thursday, Jan. 16, 2025.

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“I’m also very thankful to have served alongside President Trump and my colleagues in the Senate,” Daines said in the video. “Together we built a conservative majority on the Supreme Court, we delivered the largest tax cut in U.S. history, we unleashed American energy dominance and secured our southern border.” 
 
Daines’ late hour withdrawal presumably clears the way for his chosen successor, Kurt Alme, the U.S. Attorney for Montana until he declared his candidacy for Daines’ seat. Daines later said withdrawing earlier could have enticed a prominent Democrat like Tester to enter the race. 

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Independent Seth Bodnar says it reminds him of the Montana of old. 

“We have direct election of senators in the United States in part because of political corruption in this state 125 years ago, Copper Kings trying to buy U.S. Senate seats,” Bodnar says. “That didn’t work back then and it’s not going to work right now.”

But Democrats say Bodnar’s entry as an independent will just split the liberal vote. 

The GOP base is angry too

“Montanans are getting very indignant about what they see as out and out dishonesty,” says Roger Koopman, a former Republican legislator and Montana Public Service commissioner from Bozeman.  

Koopman says the party establishment’s backroom dealing is a gift to Democrats and especially Seth Bodnar, who he says is a liberal running as an independent.

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“They’re going to say, ‘hey, I’m over these Republicans playing games with me, you can’t do that and expect me to vote for you, I’m not going to vote Democrat, but here’s this guy out here who says he’s independent, let me give him a try,’” Koopman says. 

Alme has been keeping a low profile. Political pundits say that might be by design. A campaign spokesperson sent NPR this statement: “Anyone could run for this seat. Kurt is running on his record as the Trump-endorsed candidate of common sense who knows how to be tough on violent crime, dismantle drug cartels, and deliver historic tax relief. Voters will decide, and Kurt is confident in his work serving Montana and helping President Trump put America First.”

At Montana State University, political science department chair Eric Austin says he expects party tensions will cool and Republicans will rally around their nominee by November. 

“I think in part that speaks to the changes in the electorate in the state,” Austin says. “As the state has become more red, people have more strongly affiliated themselves with the Republican Party and less as independents.” 

However, Austin says the midterms will be a referendum on President Trump and there’s growing economic anxiety in Montana. Farmers are getting hurt by Trump’s tariffs. His Iran War has sent fertilizer prices soaring, raised interest rates and the cost of gas. 

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Back in Butte, at the St. Paddy’s Day parade, longtime Democratic activist Evan Barrett says there’s a resurgence in populist resentment in Montana. 

Longtime Montana Democratic party activist Evan Barrett at the St. Patrick's Day parade in Butte, Montana, March 17 2026

Longtime Montana Democratic party activist Evan Barrett at the St. Patrick’s Day parade in Butte, Montana, March 17 2026

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“It’s almost like a repetition of the past,” says Barrett, a one time economic aide to former Governor Brian Schweitzer.  

Ducking into an old storefront to take a break from the spectacle of the parade, Barrett told NPR there’s a feeling in the electorate that a lot of outside money is coming into influence politics, but not staying in Montana and being invested into things like schools. 

“So this is a really wild and different year,” Barrett says. “Anybody that tells you they know what’s gonna happen, well, be a bit skeptical.” 

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President Trump has endorsed last minute Senate candidate Kurt Alme but it’s not clear what kind of effect that might have on voters in November. 

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Video: Savannah Guthrie Says She Believes Her Mother Was Taken for Ransom

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Video: Savannah Guthrie Says She Believes Her Mother Was Taken for Ransom

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Savannah Guthrie Says She Believes Her Mother Was Taken for Ransom

Savannah Guthrie spoke on the “Today” show in her first interview since her mother, Nancy Guthrie, was abducted from her home near Tuscon, Ariz.

“The ransom note, notes for ransom requests came. Did you believe those to be real?” “The two notes that we received that we responded to — I tend to believe those are real.” “Really?” “We still don’t know. Honestly, we don’t know anything. We don’t know anything. So I don’t know that it’s because she’s my mom. But yeah, that’s probably — which is too much to bear to think that I brought this to her bedside, that it’s because of me. And I just say, I’m so sorry, Mommy. I’m so sorry. We need answers. We cannot be at peace without knowing. And someone can do the right thing. And it is never too late to do the right thing.”

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Savannah Guthrie spoke on the “Today” show in her first interview since her mother, Nancy Guthrie, was abducted from her home near Tuscon, Ariz.

By Christina Kelso

March 26, 2026

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