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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums"46 Senators Call on Biden to Certify Equal Rights Amendment as GOP Control Looms "There is no excuse for leaving us all
46 Senators Call on Biden to Certify Equal Rights Amendment as GOP Control Looms
"There is no excuse for leaving us all unprotected," said one advocate.
https://www.commondreams.org/news/era-equal-rights-amendment
snip
Despite the amendment meeting the ratification requirements, Biden has yet to direct the national archivist, Colleen Shogan, to certify the ERA and publish it in the Federal Register, which would formally cement it as part of the U.S. Constitution.
Once published, the amendment would guarantee legal equality between men and women, and reproductive rights advocates have said it could be invoked by judges to overturn anti-abortion rights laws that have been passed by Republican-controlled state legislatures across the countryan urgent issue as President-elect Donald Trump's second term in office with a GOP-controlled Congress draws near.
"As you are keenly aware," wrote the senators, "after nearly 50 years under the protections of Roe, more than half of all Americans have seen their rights come under attack, with access to abortion care and lifesaving healthcare varying from state to state. A federal solution is needed, and the ERA is the strongest tool to ensure equality and protect these rights for everyone. It would establish the premise that sex-based distinctions in access to reproductive care are unconstitutional, and therefore that abortion banswhich single out women for unfair denial of medical treatment based on sexviolate a constitutional right to sex equality."
snip
Kati Hornung, co-founder of Vote Equality U.S. and a leader in the grassroots effort that pushed Virginia to ratify the ERA, told Style Weekly that Biden "campaigned on fixing our constitutional gender equality gap and his campaign even requested to speak at a VAratifyERA event in 2019."
"He is running out of time to tell the national archivist, Colleen Shogan, to do her job," she said. "One hundred seventy million women and girls have been waiting 101 years for this amendment to be added and with the increased threats to our LGBTQIA+ family and friends, there is no excuse for leaving us all unprotected."
bold is mine
walkingman
(8,545 posts)Biden needs to protect America.
onecaliberal
(36,318 posts)Polybius
(18,360 posts)Hekate
(95,286 posts)MichMan
(13,553 posts)One year following the ERAs passage in Congress, 30 states had ratified it. However, momentum slowed as the anti-ERA movement ramped up in the latter part of the decade. After nationwide mobilization of hundreds of thousands of voters, Congress voted by simple majority to extend the original seven-year deadline by three years in 1978. However, the three-year limit did not allow sufficient time to oust key anti-ERA state senators because Senate terms in most states were at least four years. So, in 1982, the ERA fell three states short of ratification. Failure to reach the necessary 38 states in the 1970s was due to an anti-ERA campaign that dealt a significant blow to the amendments bipartisan nature.
https://www.americanprogress.org/article/what-comes-next-for-the-equal-rights-amendment/
The fact that congress included a seven year time limit and the amendment passed by the states didn't, would appear to be a major point of contention, and not a slam dunk.
Many legal scholars say the states can't rescind, many other say they can. Many say the deadline doesn't matter, many say it does. The SC would undoubtably have to listen to the dueling legal scholars about both the deadline and the validity of state withdrawals and make a ruling.
H2O Man
(75,778 posts)go to the USSC to determine if those states could rescind their vote. The Constitution does not address that. I will speculate that the current USSC would rule in a manner that we would want.
BWdem4life
(2,502 posts)All things considered. But is there anything to lose by trying?
H2O Man
(75,778 posts)I don't think there would be anything to lose by trying.
Polybius
(18,360 posts)RGB said we need to start over.
https://www.cnn.com/2020/02/10/politics/ruth-bader-ginsburg-equal-rights-amendment/index.html
Beartracks
(13,618 posts)=================
Polybius
(18,360 posts)We look really bad if we ignore it and try to ratify it anywsy. RGB even said that it needs to start over.
https://www.cnn.com/2020/02/10/politics/ruth-bader-ginsburg-equal-rights-amendment/index.html
Quiet Em
(1,184 posts)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.
FBaggins
(27,802 posts)They just leave it to the Congress that set a ratification deadline and then extended it to 1982
and/ir the congresses that have rejected resolutions to consider it ratified.
Allowing the president to declare it ratified by fiat is not leaving it in the hands of Congress
Response to orleans (Original post)
usonian This message was self-deleted by its author.
DallasNE
(7,589 posts)Sure, it will be challenged in the courts but that should resolve some of the unanswered questions. The two big ones being can a State ratify and then de-ratify? Is there a time limit for ratification and if so, what is it?
mackdaddy
(1,618 posts)Let the SC and Republicans try to un-wind it and explain why women should not have equal rights.
patricia92243
(12,873 posts)public. At least do as much as he can NOW.
Fiendish Thingy
(18,801 posts)The ERA had a sunset date of many years ago, which allegedly erases all the prior state ratifications. The final needed ratifications came after the sunset date.
That is likely the reason Biden hasnt directed the archive to act- hes probably been advised it would be challenged and overturned in court.
orleans
(35,249 posts)doesn't necessarily have that time limit
REMOVING THE TIME LIMIT
When the 117th U.S. Congress convened in full for the first time on Thursday, January 21, 2021 resolutions with bipartisan support were introduced to remove the time limit placed upon the Equal Rights Amendment in 1972.
On Wednesday, March 17, 2021, the U.S. House of Representatives voted to remove the time limit with a vote of 222-204 on HJ Res 17. Attention now turns to the U.S. Senate and moving SJ Res 1 to the floor for a vote.
https://www.equalrightsamendment.org/
Polybius
(18,360 posts)You can't just remove an expiration date after it expires. The 2021 congressional vote overstepped their boundaries.
MichMan
(13,553 posts)You can't pass a resolution in the House in one congressional term (117th) , and then pass it in the Senate years later under a new congress (118th).
Fiendish Thingy
(18,801 posts)Polybius
(18,360 posts)RGB even said that we need to start over.
https://www.cnn.com/2020/02/10/politics/ruth-bader-ginsburg-equal-rights-amendment/index.html
Plus, a few states rescinded.
BoRaGard
(3,157 posts)lindysalsagal
(22,446 posts)Response to orleans (Original post)
lindysalsagal This message was self-deleted by its author.
NotHardly
(1,365 posts)republianmushroom
(18,179 posts)... certify the ERA and publish it in the Federal Register, which would formally cement it as part of the U.S. Constitution. Do it 'NOW', Joe.
Pepsidog
(6,317 posts)didn't it become an amendment ? And if the answer is it has to be certified and put in the Fed Register why wasnt it done by past Dem Presidents. Please explain.
Buttoneer
(695 posts)asked the same question a few days ago because I kept seeing ads calling for the ERA to be recognized by Biden.
https://democraticunderground.com/100219778107
Quiet Em
(1,184 posts)impose a time limit for ratification of a proposed amendment, nor does it give Congress the
power to do so.
The full letter is at this link.
https://styleweekly.wppcdn.com/wp-content/uploads/2024/12/PastedGraphic-1.pdf
MichMan
(13,553 posts)LudwigPastorius
(11,072 posts)It's worth a shot, but I don't think the Trump court is going to change this precedent.
Quiet Em
(1,184 posts)Shaheen, Van Hollen, Lujan, Kaine, Welch, Wyden, Booker, Kelly, Butler, Schatz, Cardin, Blumenthal, Cortez Masto, Helmy, Padilla, Sanders, Warren, Baldwin, Hirono, Stabenow, Tester, Cantwell, Durbin, Duckworth, Peters, Rosen, Warner, Casey, Markey, Whitehouse, Murray, Ossoff, Klobuchar, Coons, Warnock, Reed, Murphy, Carper, King, Brown, Hassan, and Hickenlooper.
Thank you. Let's get it done.
soldierant
(8,003 posts)what Biden could do is send the Archivist a letter stating that the Amendment has been ratified and listing the states which have voted for ir.
No, IANAL, but I got that from a pretty good one = Robert Hubbell on Substack.
Evolve Dammit
(19,056 posts)proud patriot
(101,208 posts)Do this please
proud patriot
(101,208 posts)all Joe has to do is send the archivist a letter requesting it .
valleyrogue
(1,191 posts)Besides, the date had been extended from 1979 to 1982 and for some bizarre reason wasn't extended further.
Just put get the ERA in the Constitution, period.