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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsLaurence Tribe - The Equal Rights Amendment at Long Last
Accordingly, our Constitution now demands that “equality of rights under the law cannot be denied or abridged by the United States or any state on account of sex.”
It’s long past time!
https://contrarian.substack.com/p/the-equal-rights-amendment-at-long?r=1ndny&utm_medium=ios&utm_source=notes-share-action
The Equal Rights Amendment is the law of the land following President Biden's announcement.
It will remain the law of the land until someone (MAGA or misogynisitic men) fight to remove it.

hlthe2b
(108,924 posts)GD, this is so many decades past due.
Quiet Em
(1,740 posts)FBaggins
(28,063 posts)The statement has no real effect (nor does Tribe’s agreeing with him).
A court can’t rescind a president’s personal opinion - nor does it need to. Presidents have no power to declare amendments
hlthe2b
(108,924 posts)FBaggins
(28,063 posts)You don’t need to go to court to prove that it hasn’t been ratified. Someone who wants to exercise a right they think comes from the amendment is the one who has to go to court.
And “a former president said he thinks it’s part of the constitution” isn’t going to get yhrm very far.
What would a MAGA go to court for? “We want you to overturn a statement” ?
Wiz Imp
(4,581 posts)then I may take what you say seriously. Until then, I'll trust Tribe over some anonymous person on an internet board.
FBaggins
(28,063 posts)This isn't a constitutional expert against an anonymous person on an internet board. It's two anonymous people on an internet board disagreeing and one of them pretending that someone else's opinion closes off any argument...
... except that there are any number of experts on the other side - including sources far superior to Tribe (like RBG)
Response to FBaggins (Reply #27)
Post removed
FBaggins
(28,063 posts)She was still on the court (and the staunchest defender of sex equality) when VA pretended to ratify the ERA (which is the event Biden is opining about).
Bye.
Hekate
(96,986 posts)There’s an article with a paywall, a statement from both Joe and Kamala, and a sht-ton of wishful-thinking comments here that make me wonder if Dorothy is looking for the Wizard of Oz.
Thank you, Quiet Em.
Quiet Em
(1,740 posts)valleyrogue
(1,940 posts)regarding ERA.
I am correct in my assertions about the bogus "time limit" and "rescinding." The only way a constitutional amendment can be undone is through another constitutional amendment, such as the case of Prohibition. ERA is impossible to undo.
Sogo
(6,153 posts)nt.
BoRaGard
(4,721 posts)
SheltieLover
(65,734 posts)TY for sharing with us!
valleyrogue
(1,940 posts)Only Congress and the state legislatures can undo it, which is an impossible task.
SickOfTheOnePct
(7,671 posts)a Constitutional Amendment at this point…President Biden saying it is doesn’t make it so.
The most likely scenario is that a woman who has been denied an abortion in a red state is going to file a lawsuit saying her rights under the 28th Amendment have been violated. At that point, the question of the validity of the ratification will be decided.
Currently SCOTUS precedent is that ratification deadlines imposed by Congress are valid. If that precedent stands, then there is no ratification and thus no 28th Amendment.
This will end up in the courts, it just remains to be seen whether it is a woman from the left or a man from the right who brings the case.
SickOfTheOnePct
(7,671 posts)It will be Democrats now that the archivist says she won't publish it to the Constitution.
And that's good, because the questions need to be settled, both for this amendment and any future ones.
DeepWinter
(931 posts)pissed off this is sex "male" female" only and are against it. Ugg. Resistance is from the left.
rollin74
(2,160 posts)
Think. Again.
(22,330 posts)...the text of the ERA does NOT mention "male" and/or "female"...
"Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex"
Section 2
"The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article"
Section 3
"This amendment shall take effect two years after the date of ratification"
FBaggins
(28,063 posts)He seems to only be trotted out when someone on the left has a nutty theory and wants to make it seem credible.
He’s correct that the archivist isn’t a necessary part of the process… but neither is the president.
MichMan
(14,690 posts)I remember when he said that the SC would uphold the Colorado ban; before it was overturned 9-0
Also he told the President he had the power to extend the eviction moratorium indefinitely. He lost that one too.
Wiz Imp
(4,581 posts)He gives his opinion on the actual constitutionality of things. Of course he's gonna hope the Supreme Court would rule correctly based on his interpretation of the constitution but he can't control when they decide to make up shit themselves (like Presidential immunity). With this statement, he doesn't even mention the Supreme Court, just that Biden's action effectively should make the amendment official. Obviously, because of that, he will think the Supreme Court should agree with him, but I suspect if you asked him if he expects that they will, he would probably expect them to do the wrong thing.
MichMan
(14,690 posts)9-0. Hardly a rogue court making up "shit"
Clearly his interpretation was flawed
Wiz Imp
(4,581 posts)The liberal justices decision was on very narrow grounds. In general they agreed with Tribe's position.
https://www.thenation.com/article/politics/supreme-court-trump-colorado-ruling-election/
Worse yet, the court’s conservative majority went even further, dramatically narrowing the utility of the amendment for holding insurrectionists to account. That led Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson to warn that the ruling went so far beyond the specifics of the Colorado case that it could foreclose future efforts to impose accountability on insurrectionists. “The Court continues on to resolve questions not before us. In a case involving no federal action whatsoever, the Court opines on how federal enforcement of Section 3 must proceed,” Justices Sotomayor, Kagan, and Jackson wrote. ‘“These musings are as inadequately supported as they are gratuitous.”
Justice Amy Coney Barrett wrote a separate concurrence that essentially agreed with the liberals but suggested they were too urgent in expressing their concerns.
Not exactly unanimity in opinion there when even Barret mostly agrees with the liberals.
Also, you said "I remember when he said that the SC would uphold the Colorado ban; before it was overturned 9-0". He never said that. He said they should uphold it not that they would.
Tribe said "Do I think the Supreme Court will be affected by pure politics or by the threatened violence Trump keeps talking about if he is kept off the ballot? Your guess is as good as mine. But if they want to be faithful to their oath — and this case is ultimately about being faithful to the oath to support the Constitution — they will have to set those things aside."
https://news.harvard.edu/gazette/story/2023/12/no-easy-exit-ramp-for-scotus-on-trump-harvard-scholar-says/
FBaggins
(28,063 posts)He isn't an impartial constitutional expert... he's an advocate who makes the best possible argument for whatever position he' advocating for.
He didn't just lose 9-0... he knew that he would lose 9-0 but made the argument anyway.
As I said - I can't remember the last time he spoke out on an issue like this and ended up being correct.
Wiz Imp
(4,581 posts)He wasn't incorrect. He voiced his opinion . If you say he knew it would be 9-0, then how was he incorrect? And he can't be incorrect about his because he made no prediction about what would happen. He just gave his opinion of what Biden's action means. Apparently you think that anyone who disagrees with you is automatically wrong. Sorry, you have demonstrated no expertise about anything.
NotHardly
(2,049 posts)mcar
(44,351 posts)
paleotn
(20,199 posts)That won't happen, if ever, for a long, long, long, long while. Might as well say that ain't happening.
madville
(7,603 posts)A pro-ratification state or interest will have to sue to have it recorded in the Constitution, because it would currently be against the law to add the amendment due to the official deadline passed by Congress.
valleyrogue
(1,940 posts)Read Tribe's article. It was advisory, not binding.
madville
(7,603 posts)I read it, he even acknowledges that it’s a debate, not fact, bottom line is this will need to be litigated in order for it to be added to the Constitution. Do you think the current court will agree with Tribe’s opinion?
Even Ruth Bader Ginsberg stated that the amendment process would have to be started over for this to become part of the Constitution.
valleyrogue
(1,940 posts)Trust me. NEVER. Only Prohibition was repealed, and that took a constitutional amendment to repeal it.
muriel_volestrangler
(103,371 posts)Because he argues that once a state has ratified, it can't withdraw that ratification. Which means that getting to the needed three quarters of states can happen over decades or centuries, but without ever having three quarters in favour at any one moment. Which is a pretty strange state of affairs. If he argues that a state's decision to ratify is irreversible, then he would also have to allow a state to make an irreversible decision to never ratify.
Does he? Has any state declared this?
Quiet Em
(1,740 posts)The ERA met all requirements at that time.
What will happen now is a lawsuit will be filed against one of the States with abortion bans and a legal fight to recognize and implement the Equal Rights Amendment will occur. We are prepared for this fight and it is long overdue.
muriel_volestrangler
(103,371 posts)Is ratification a one-way ratchet, in Tribe's (and your?) opinion? ie can a state vote multiple times to not ratify, but then if it votes once to ratify, that's it for eternity?
valleyrogue
(1,940 posts)A constitutional amendment can only be undone through another constitutional amendment passed by 3/4 of Congress and 3/4 of state legislatures.
Have people around here NEVER heard of the repeal of the 18th Amendment? It was repealed by the 21st Amendment.
Hint: This was about Prohibition.
muriel_volestrangler
(103,371 posts)Tribe claims that once a state has ratified an amendment, it can never undo that. But what if a state first votes to not ratify - shouldn't that be impossible to reverse, too? Because that is what Virginia did:
https://edition.cnn.com/2020/02/01/politics/equal-rights-amendment-virginia-history-trnd/index.html
Tribe is claiming that states that first ratified the amendment are not allowed to withdraw the ratification. But he is also relying on states that rejected ratification being able to say, decades later "screw that, we agree with some states from 40 years ago (but not now), so that gets us over the 3/4 amount" (but only through judicious used of time travel).
And "there is nothing about that in the Constitution" is not a slam dunk "it can't be done" argument. Obviously.
valleyrogue
(1,940 posts)Once ratified, states can't take it back.
A constitutional amendment to repeal is the only way to undo a constitutional amendment.
muriel_volestrangler
(103,371 posts)Scenario: Congress suggests an amendment to raise the voting age to 30.
1 quarter of states ratify it, and 3/4 say "no, that's pants".
The 1/4 thinks better, and says "on second thoughts, this is a silly amendment. Let's not go there".
But a different quarter of the states decides it's a good idea after all, and holds new votes to ratify.
Repeat that - those who had been in favour change their vote, and a different quarter decide it's a good idea after all.
By now, three quarters of states have, at some time, been in favour, though at any one moment, a quarter or less have been in favour.
But under Tribe's arrangement, that counts as three quarters ratifying it, and so an immensely unpopular amendment is passed.
What a shitshow that would be. Why claim that must be the way to amend the constitution? It's just a way of being undemocratic.
valleyrogue
(1,940 posts)Prohibition is THE case in point.
SickOfTheOnePct
(7,671 posts)rescinded their ratification prior to final ratification for Prohibition?
snot
(11,017 posts)(which is not well-represented by the excerpts included above), wouldn't that put them in an extremely awkward position re- their decision in Dobbs v. Jackson Women’s Health? I worry that this consideration alone will motivate them to find a reason to trash the ERA.
valleyrogue
(1,940 posts)Roe v. Wade was a USSC decision, not an amendment.
There is NO argument to be made against ERA being the law. NONE. There is NO time limit for ratification because a previous USSC decision in 1982 rendered any as not binding. THAT is why Congress didn't extend any time limit further. There are NO means for states to rescind ratification.
I wish people would quit spewing stuff that was right wing nonsense from the beginning. Schlafly and her backers lost, and they knew it.
tritsofme
(19,036 posts)valleyrogue
(1,940 posts)Last edited Sat Jan 18, 2025, 11:46 AM - Edit history (2)
Self-styled experts on this board challenged my correct assertions that time limits and rescinding amendments were and are bullshit.
ERA is law. The end.
valleyrogue
(1,940 posts)He was fighting on behalf of ERA long before many of you were even born.
He knows what he is talking about.
There is NO provision to "rescind" a constitutional amendment already ratified by a state legislature. NONE. It is a meaningless action.
There are NO "time limits" in the Constitution that are binding. I blame the media at the time for peddling complete misinformation about a nonbinding action by Congress.
The USSC CANNOT "repeal" or "overturn" a constitutional amendment. The USSC INTERPRETS the Constitution; it cannot repeal an amendment. That is the job of Congress and the state legislatures.
Only 3/4 of Congress and 3/4 of state legislatures can overturn a constitutional amendment. Case in point: Prohibition.
valleyrogue
(1,940 posts)Tribe:
He is correct. There is no binding time limit to ratify constitutional amendments.
ERA has no "time limit" for ratification in its actual text.
Time for some ignorant reporters to tell the truth about this instead of running around with the "time limit" nonsense.
Polybius
(19,624 posts)Unless we also need Keith Olbermann's opinion.
Quiet Em
(1,740 posts)It's also the ABA and lawyers and lawmakers in all 50 States.
I'm looking forward to all the legal challenges that will be forthcoming.
Polybius
(19,624 posts)Regarding whether a state has the authority to rescind, I am not aware of any Supreme Court decision that has addressed this issue. However, there is precedent established in "Dillon v. Gloss" and "Coleman v. Miller," both of which affirm that deadlines are constitutional.
Quiet Em
(1,740 posts)It would create a horrendous legal mess with ramifications that would be neverending.
SickOfTheOnePct
(7,671 posts)with existing amendments. No one questions whether a state can rescind ratification after final ratification is complete and the amendment is part of the Constitution. The question would be whether states can rescind prior to final ratification.
Polybius
(19,624 posts)If they can try again if they fail, then why can't they rescind if they pass?
SickOfTheOnePct
(7,671 posts)And in 1982, SCOTUS implicitly confirmed the validity of the deadline for the ERA when they ended a case about rescinding ratification because the deadline had passed so the issue was moot.
valleyrogue
(1,940 posts)There is the answer, folks. There is NO "time limit" to ratify per the USSC decision. Laurence Tribe and the American Bar Association KNOW what they are talking about.
SickOfTheOnePct
(7,671 posts)I don’t think it says what you think it does .
LetMyPeopleVote
(160,884 posts)valleyrogue
(1,940 posts)Courts and the Justice Department’s Office of Legal Counsel affirmed the deadline was valid and in 1982, thus expired.
5 states have rescinded their ratification.
Presidents have no role in amendments.
The USSC invalidated the time limit, hence NO action by Congress to extend the deadline in 1982, so the claim that "courts" and the "Justice Department" said otherwise is a LIE.
States cannot "rescind" ratifications.
The "archivist" is a moron.
tritsofme
(19,036 posts)SCOTUS did not invalidate the time limit, that is completely false.
Repeating lies over and over again does not make them true.
snot
(11,017 posts)In Dobbs v. Jackson Women’s Health, the S. Ct. applied an extremely strict, originalist interpretation to the Constitution, as amended, to overturn Roe and conclude that (without the ERA), women have even fewer Constitutional rights than we thought they had.
If the S. Ct. were going to apply their strict constructionist approach consistently, they should now agree with Tribe that since the Constitution contains no time limit on ratification, Congress could not unilaterally effectively add one.
But if that's correct, it would mean that the ERA HAS been effective since the date of the last required ratification, which would in turn mean that the Constitution, as amended, did protect the rights that the S. Ct. held in Dobbs it didn't.
It seems to me that this ouroboros should be addressed in any honest reasoning about the legalities, or at least in any practical discussion of what the S Ct. might be inclined to do about them.
I think I'm going to put this in an OP, because I'd really like to hear others' thoughts on this.