Biden isn't doing anything here. Presidents have no operative or formal role in Constitutional amendments, either constitutionally or statutorily. The Archivist does have a statutory administrative role, but does not *decide* anything.
If the window for state ratifications had still been open (debated, but it wasn't), and none of the stat…
Biden isn't doing anything here. Presidents have no operative or formal role in Constitutional amendments, either constitutionally or statutorily. The Archivist does have a statutory administrative role, but does not *decide* anything.
If the window for state ratifications had still been open (debated, but it wasn't), and none of the state ratifications' own references to the original deadline mattered (unclear why they wouldn't), and none of the withdrawals of ratifications counted (plausible), the amendment would have become opetative with the 38th state ratification.
Either the ERA has been in force since 2020, or the window for it to ever take force closed decades earlier.
I don't know how Amy Coney Barrett would vote, but overall I think there's a chance Republicans will ultimately regret her appointment. We can hope they won't have an opportunity to make another, or if they do, it will be a moderate one after the midterms, which of course would rely on the Dems taking back the Senate. Not that I trust the Dems much these days.
I'm pretty sure any version of the Court would agree, and probably by a larger margin. The mainstream ERA movement itself - including the National Organization for Women, League of Women Voters, and ACLU - recognized that the effort was dead in 1982. In terms of real Constitutional process, this whole latter-day revival was a fantasy.
I know nothing about you. I will stand by what i said about The American Bar Association (ABA) recognizing that the Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment. Why would I defer to your opinion over the ABA? Are you yourself against the ERA? Is that your agenda? If it is, I don't really care, because your opposition to it is meaningless to me.
I'm not opposed to the ERA. Quite the opposite. But I am also in favor of constitutionalism, and opposed to presidents summarily declaring things (which I expect to be a real problem in the near future).
Apart from the guess about hypothetical Supreme Court rulings, nothing I've said here is my opinion; most of it is in the wikipedia article on the history of the proposed amendment, and well documented elsewhere. For example, NOW - a major part of the original movement to get the amendment through Congress - gives their chronology of the effort at https://now.org/resource/chronology-of-the-equal-rights-amendment-1923-1996/
. Notice the entry in 1982, "June 30: ERA is stopped three states short of ratification."
Biden isn't doing anything here. Presidents have no operative or formal role in Constitutional amendments, either constitutionally or statutorily. The Archivist does have a statutory administrative role, but does not *decide* anything.
If the window for state ratifications had still been open (debated, but it wasn't), and none of the state ratifications' own references to the original deadline mattered (unclear why they wouldn't), and none of the withdrawals of ratifications counted (plausible), the amendment would have become opetative with the 38th state ratification.
Either the ERA has been in force since 2020, or the window for it to ever take force closed decades earlier.
It's safe to assume the current Supreme Court will declare the window closed by a 6-3 vote.
Or at least a 5-4.
I don't know how Amy Coney Barrett would vote, but overall I think there's a chance Republicans will ultimately regret her appointment. We can hope they won't have an opportunity to make another, or if they do, it will be a moderate one after the midterms, which of course would rely on the Dems taking back the Senate. Not that I trust the Dems much these days.
I'm pretty sure any version of the Court would agree, and probably by a larger margin. The mainstream ERA movement itself - including the National Organization for Women, League of Women Voters, and ACLU - recognized that the effort was dead in 1982. In terms of real Constitutional process, this whole latter-day revival was a fantasy.
I know nothing about you. I will stand by what i said about The American Bar Association (ABA) recognizing that the Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment. Why would I defer to your opinion over the ABA? Are you yourself against the ERA? Is that your agenda? If it is, I don't really care, because your opposition to it is meaningless to me.
I'm not opposed to the ERA. Quite the opposite. But I am also in favor of constitutionalism, and opposed to presidents summarily declaring things (which I expect to be a real problem in the near future).
Apart from the guess about hypothetical Supreme Court rulings, nothing I've said here is my opinion; most of it is in the wikipedia article on the history of the proposed amendment, and well documented elsewhere. For example, NOW - a major part of the original movement to get the amendment through Congress - gives their chronology of the effort at https://now.org/resource/chronology-of-the-equal-rights-amendment-1923-1996/
. Notice the entry in 1982, "June 30: ERA is stopped three states short of ratification."