A top adviser to President Joe Biden has suggested that the administration is considering using the 14th Amendment of the U.S. Constitution to address voting rights issues. Speaking to Politico, Steve Ricchetti, counselor to the president, said that the 14th Amendment may provide a legal basis for the government to intervene in states that are passing restrictive voting laws.
The 14th Amendment was ratified in 1868, in the aftermath of the Civil War, and it guarantees equal protection under the law for all citizens. Ricchetti pointed out that the amendment also includes a provision that prohibits states from abridging the right to vote of any eligible citizen.
The possibility of using the 14th Amendment to protect voting rights comes as Republicans in several states are passing laws that make it harder to vote, particularly for minority communities. Democrats have been pushing for federal voting rights legislation, but their efforts have been stymied by the Senate filibuster.
While it is unclear how the Biden administration would use the 14th Amendment to address voting rights issues, legal experts say that the provision could give the government a basis for challenging state laws that are seen as discriminatory. The move would likely face legal challenges and political backlash from Republicans, who would view it as federal overreach.
The use of the 14th Amendment would also raise questions about the limits of presidential power and the role of the federal government in regulating state elections. Nevertheless, the suggestion from a top Biden adviser indicates that the administration is exploring all options to protect voting rights in the face of Republican efforts to restrict access to the ballot box.
