The ERA will be the 28th Amendment when the archivist approves

It’s ratified, but there’s one more step that has to happen:

The House resolution also speaks to the effective date of the ERA: “Section 3 of the ERA states the amendment shall take effect two years after the 38th state ratifies, which was Virginia on January 27, 2020. Therefore, the ERA is in effect as of today, January 27, 2022.”


this is good news although the republican federal jurists have shown a remarkable capacity for ignoring the clear intent of such amendments as the 14th and the 15th. this 28th amendment would lay down a useful marker but as long as the republican six choose to ignore or misconstrue it as much as they have others then it can only be described as aspirational.


Some good news for 2022.

It’s been a long road.
Hoping the 28th Amendment gets all the way to the finish line.


Wow, they managed to squeak it in at just under 100 years to ratify.

6 years ago Google had a fantastic doodle honoring ERA coauthor Alice Paul on her birthday. (She would have been 137 this month.)


What what what? I thought it was dead because it had long since expired. I guess that expiration could just be ignored? If so, great! This is long overdue.

In January of 2020, under Trump, the OLC issued an opinion arguing that Congress had no power to remove a seven-year timeline for ratification in the preamble of the ERA and that therefore three recent state ratifications were invalid

Christ, what assholes.



Scared I See You GIF by Arrow Video


According to the National archives, “the President does not have a constitutional role in the amendment process”, so I’m not sure why the Office of Legal Counsel feels obligated to have its say.

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I was under the impression that the National Archivist has already said this amendment was not ratified in a timely manner per its own congressional bills, and so cannot be the 28th amendment.

I guess we’ll find out if it counts when someone tries to cite it in front of the Supreme Court

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Guess so. Hope he does it, but it’d be a complete turn from what they’ve said about this all along. He also stated at one point that if the states can ratify it after the deadline, states that revoked it would also have their ratification status changed, which leaves us still needing six states.

You can read the olc memo here

and a rebuttal

Easiest thing is for Biden to rescind it.

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Dare I hope?


Now, members of the GOP in WV are trying to undo that state’s ratification…


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