Biden says Equal Rights Amendment is ratified, kicking off expected legal battle as he pushes through final executive actions
Biden says Equal Rights Amendment is ratified, kicking off expected legal battle as he pushes through final executive actions
“It will be up to the courts to interpret this and their view of the Equal Rights Amendment.”
Fahhhhhhk.
This always makes me angry. Congress passed it in 1972. It's been around for that long. In what way does it really honestly need to be reinterpreted?
It's the law. Just follow it.
I'm going to interpret thieft and speeding laws.
It's not a law, it's a Constitutional amendment. So passage by Congress isn't enough, it needs to be ratified by the states too. And it wasn't ratified by enough states (38) at the time.
But almost 50 years later, Virginia became the 38th state to ratify it. Are they too late? Biden just said they are not too late, but this question will probably have to go through the courts.
But legal experts contend it isn’t that simple: Ratification deadlines lapsed and five states have rescinded their approval, according to the Brennan Center for Justice at New York University’s law school, prompting questions about the president’s authority to ratify the amendment more than 50 years after it first passed.
Ain't gonna stick.
Ratification deadlines aren't real. And there's no mechanism for a state to unratify something after the fact.
I don’t remember details but I feel like I read a while ago that there’s a pending amendment that some blue states want to de-ratify. If there’s open question about whether de-ratifying is a thing, then this might be a strategic move to get the courts to establish that it is.
Edit: looking up unratified amendments I see there aren’t that many and none seems to fit the description I was thinking of so I guess my memory is just wrong. But still I do wonder if it might just be a case of putting an old question to bed.
Oh NOW democrats wanna pass shit? Stuff isn't moving at a snails pace anymore because it looks good for your exit huh?? My government is a god damn embarrassment...
Yay, the ERA has been ratified. It's wonderful that the SCOTUS gave the POTUS such powers!
Definitely getting into uncharted territory because the 38th state didn't ratify until after a) the deadline had long since passed and b) 5 states had already "de-ratified".
So, yes, 38 states have ratified the amendment, but only 33 currently.