General Discussion

Quiet Em

(1,184 posts)

12. According to the Brennan Center there is precedent for the SC leaving it to Congress

Wed Dec 4, 2024, 11:31 PM

Dec 4

But would the courts have a say in this controversy? In a 1939 case, the Supreme Court ruled that the question of whether an amendment has been ratified in a reasonable period of time is a “political question” best left in the hands of Congress, not the courts. If Congress acts to waive the deadline, would the courts continue to honor that precedent?

https://www.brennancenter.org/our-work/research-reports/equal-rights-amendment-explained

In my opinion this needs to be done. Women are dying. Of course some Republican creep(s) will try to fight it. I say bring it on. It's way overdue and the public is on our side.

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"46 Senators Call on Biden to Certify Equal Rights Amendment as GOP Control Looms "There is no excuse for leaving us all [View all] orleans Dec 4 OP

Wow, that is an excellent idea. I hadn't heard about that. That would cement his legacy. walkingman Dec 4 #1

great idea rich7862 Dec 4 #2

K&R Docreed2003 Dec 4 #3

What is the hold up. onecaliberal Dec 4 #4

It expired in 1982 Polybius Dec 5 #22

I did not know this. And yes, we are out of time. Hekate Dec 4 #5

DURec leftstreet Dec 4 #6

It's not that simple. There was a time limit and since then, 5 states have rescinded their votes MichMan Dec 4 #7

It would clearly H2O Man Dec 4 #8

That's a heckuva speculation BWdem4life Dec 4 #9

Fair question. H2O Man Dec 4 #11

It might be 9-0, and rightfully so Polybius Dec 5 #23

There will be NO chance it goes through the net if he DOESN'T take the shot. Beartracks Dec 5 #42

It was written with an expiration date Polybius Dec 5 #20

According to the Brennan Center there is precedent for the SC leaving it to Congress Quiet Em Dec 4 #12

They can "leave it to Congress" and still kill it FBaggins Dec 5 #26

This message was self-deleted by its author usonian Dec 4 #10

K & R SunSeeker Dec 4 #13

Go Out With A Bang President Biden. DO IT. DallasNE Dec 4 #14

I think Biden should just 'do it'. It either sticks or it does not. mackdaddy Dec 4 #15

K&R spanone Dec 5 #16

Since losing the election Biden should have been everything he could possibly do to protect eh American patricia92243 Dec 5 #17

It would be challenged in the MAGA SCOTUS Fiendish Thingy Dec 5 #18

i would think those 46 senators would know if there was a sunset date. and from what i've been reading tonight, it orleans Dec 5 #19

The time for removing the expiration date was 1982 Polybius Dec 5 #24

Not only that, that term of Congress has passed MichMan Dec 5 #27

A resolution is not a law. Nt Fiendish Thingy Dec 5 #28

Yeah, that's not gonna work Polybius Dec 5 #21

Make it so BoRaGard Dec 5 #25

100 years overdue lindysalsagal Dec 5 #29

This message was self-deleted by its author lindysalsagal Dec 5 #30

Biden pardoned his boy, this would "pardon" the rest of us, YES please NotHardly Dec 5 #31

Absolutely none, Joe. republianmushroom Dec 5 #32

Dumb question here. I don't get it. What's happening here ? If it was ratified by the required number of states why Pepsidog Dec 5 #33

I thought the deadline passed. I Buttoneer Dec 5 #34

Here is what Democratic Senators say about it, Quiet Em Dec 5 #35

Every amendment that has passed since prohibition had had a time limit imposed by Congress. n/t MichMan Dec 5 #39

The Supreme Court would have to overturn a previous decision allowing Congress to set a ratification deadline. LudwigPastorius Dec 5 #41

Senators Gillibrand, Schumer, Heinrich, Merkley, Quiet Em Dec 5 #36

Biden cannot do it. only the Archivist can do it. However, soldierant Dec 5 #37

Waaaay overdue. Please do it. Evolve Dammit Dec 5 #38

Come on Joe proud patriot Dec 5 #40

Randi Rhodes has been discussing this proud patriot Dec 6 #43

The "time limit" of seven years was always bullshit. So were states trying to "rescind" their ratifications of ERA. valleyrogue Dec 6 #44