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Wiz Imp

(2,737 posts)
90. There are strong legal arguments on the first two points.
Fri Jan 17, 2025, 11:04 PM
4 hrs ago

The third is nonsense which should be laughed out of court. Why would someone ratify because there is a deadline but not do it if there was not a deadline? How is that argument very valid? It makes no sense.

As for 1) The rescission of a prior ratification of a Constitutional amendment has occurred previously for the Fourteenth and Fifteenth Amendments. For each, states voted to rescind their ratifications, similar to the case for the ERA. Regardless, these states were counted when the federal government tallied the total states that had ratified the Amendment, thus declaring that it was officially part of the Constitution.

That seems like precedent to me. Once a state ratifies, it is counted as having ratified even if they later rescind that ratification.

2)In February 2024, the American Bar Association (ABA) passed resolution 601, supporting implementation of the ERA. The ABA urges implementation because a deadline for ratification of an amendment to the U.S. Constitution is not consistent with Article V of the Constitution and that under Article V, states are not permitted to rescind prior ratifications.

Sorry, but I don't know how anyone could argue that doing the right thing would be to ignore the fact that the required number of states had ratified the amendment to make it part of the constitution. Unquestionably, the correct thing to do is to consider it the law of the land moving forward, though I expect that will likely not happen.

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0 members have recommended this reply (displayed in chronological order):

Surely now, it can no longer be a crime to treat dying women. Irish_Dem 16 hrs ago #1
Any challenges with be Trump's SCOTUS and Trump's DOJ and he'll own it if the ERA is overturned. TheBlackAdder 3 hrs ago #96
Why did he wait 4 years? MichMan 16 hrs ago #2
He doesn't want to deal with ramifications while he's presidenting. LeftInTX 16 hrs ago #7
So, instead of it being defended by his own DOJ, he left it up to the Trump DOJ. n/t MichMan 16 hrs ago #9
It seems that way. Seems like a Hail Mary move. LeftInTX 16 hrs ago #11
I agree we should never underestimate Joe. I'm sure he thought it through. Walleye 14 hrs ago #32
Agreed. InAbLuEsTaTe 3 hrs ago #101
And when that happens, will you criticize Trump as much as you have Biden? W_HAMILTON 14 hrs ago #31
Damn good question, damn good comments. Thanks. (nt) Paladin 13 hrs ago #49
Yes...that's the EXACT reason Roy Rolling 3 hrs ago #97
Some State? I would put my money on Texas - Paxton has no shame. walkingman 14 hrs ago #28
Of course he will. Another state could beat him too. LeftInTX 14 hrs ago #30
Unfortunately I think there's a lot of things that could be said about EdmondDantes_ 16 hrs ago #13
Thanks "performative" is the word. LeftInTX 16 hrs ago #14
Republicans are the performative clowns 🤡. live love laugh 15 hrs ago #23
I haven't seen anything that would convince me this isn't performative EdmondDantes_ 14 hrs ago #26
AND .... bothsiderism rears its ugly head .... live love laugh 14 hrs ago #27
By that logic here are some other bothsiderisms EdmondDantes_ 13 hrs ago #57
Why didn't he save the fucking world Monday morning QB? live love laugh 12 hrs ago #73
I look at it as a thorn in the side of the new administration Walleye 14 hrs ago #33
Oh, yes. ShazzieB 13 hrs ago #72
No, I think he's pitching a grenade. LisaM 13 hrs ago #64
Ask him. live love laugh 15 hrs ago #22
That's a good question, and there's no good answer msfiddlestix 10 hrs ago #78
What does it matter? Blue_Tires 10 hrs ago #81
So it would have already been in place the last 4 years ? MichMan 10 hrs ago #82
Then Trumpers would have killed it four years ago Blue_Tires 9 hrs ago #85
Because it ForgedCrank 7 hrs ago #87
With that and four dollars, he'll be able to buy a cup of coffee in Wilmington next week. NT mahatmakanejeeves 16 hrs ago #3
Nice... Hugin 16 hrs ago #4
Statement of President Joe Biden on the Equal Rights Amendment LetMyPeopleVote 16 hrs ago #5
And that SickOfTheOnePct 14 hrs ago #39
Worse than nothing, I'd bet quite a bit this goes to SCOTUS and torched Amishman 13 hrs ago #65
So liberal bloggers and pundits have been demanding this Blue_Tires 9 hrs ago #84
Thank you President Biden Quiet Em 16 hrs ago #6
What happens if the Archivist doesn't publish it ? MichMan 16 hrs ago #8
Seriously? tritsofme 16 hrs ago #10
This doesn't appear to be an order to publish it DetroitLegalBeagle 15 hrs ago #17
He just directed her to publish it MichMan 15 hrs ago #20
What would Trump do? Fire her and appoint a replacement to publish it. /nt bucolic_frolic 15 hrs ago #21
This message was self-deleted by its author Ursus Arctos 14 hrs ago #41
The National Archives is an independent agency DetroitLegalBeagle 14 hrs ago #25
That's good to know Polybius 13 hrs ago #50
Who the hell put a time limit on passing this anyway? I just don't know. Walleye 14 hrs ago #34
Congress did DetroitLegalBeagle 14 hrs ago #36
Congress, when it was passed 50 years ago MichMan 14 hrs ago #37
I think the Founding Fathers should have set every proposed Amendment to 10-15 years Polybius 13 hrs ago #53
This will be interesting, it's not immediately clear this is anything other than Biden's opinion. tritsofme 16 hrs ago #12
It's not an EO? LeftInTX 16 hrs ago #15
Its not an EO DetroitLegalBeagle 15 hrs ago #16
Another one. Sheesh. It's an Amendment. AllyCat 8 hrs ago #86
Thank you, President Biden. pandr32 15 hrs ago #18
I don't see how it kicks off a legal battle FBaggins 15 hrs ago #19
Apparently the deadline for approval by the states was 1982(!), so this is all for show. TheRickles 15 hrs ago #24
I'm just wondering how this deadline got set? I'll check out the link. Walleye 14 hrs ago #35
Here's more info, from today's Boston Globe (behind a paywall) TheRickles 14 hrs ago #42
Not to mention the states that rescinded their ratifications SickOfTheOnePct 13 hrs ago #43
It's an interesting debate Polybius 13 hrs ago #56
An interesting debate to be sure SickOfTheOnePct 13 hrs ago #60
It might even be 9-0 or close to it Polybius 13 hrs ago #63
I imagine because it's not feasible to go find someone's ballot once it is submitted MichMan 13 hrs ago #66
Early voting is a whole new topic Polybius 13 hrs ago #67
Rescinding is not legal. valleyrogue 4 hrs ago #89
We really don't know SickOfTheOnePct 3 hrs ago #91
It certainly seems to me a deadline for ratification is reasonable. What if the 18th Amendment - prohibiting Midwestern Democrat 2 hrs ago #104
The 27th amendment became part of the Constitution 202 years after it was first proposed. Wiz Imp 1 hr ago #105
So if the Democrats win Congress in the midterms, could they retroactively change the deadline I wonder Walleye 13 hrs ago #55
Perhaps SickOfTheOnePct 13 hrs ago #68
You can change a deadline before it happens, but how do you change it after the date? Polybius 13 hrs ago #69
It's from the Associated Press, so maybe it's posted elsewhere without the Globe's paywall. TheRickles 13 hrs ago #44
There is nothing in the Constitution saying there can be a deadline for ratification Wiz Imp 13 hrs ago #48
If the deadline is unconstitutional, then the entire Amendment might be invalid Polybius 11 hrs ago #76
Some Very smart legal scholars disagree and think it should stand. Wiz Imp 10 hrs ago #79
I respect you tremendously, but we disagree on this Polybius 4 hrs ago #88
There are strong legal arguments on the first two points. Wiz Imp 4 hrs ago #90
Serious question SickOfTheOnePct 3 hrs ago #95
No. But it is a valid opinion by the ABA. And this Supreme Court has already shown that they are more than willing Wiz Imp 3 hrs ago #98
Thanks for your response n/t SickOfTheOnePct 3 hrs ago #100
Wrong. valleyrogue 3 hrs ago #94
I'm still curious SickOfTheOnePct 3 hrs ago #99
The "deadline" was always bullshit. valleyrogue 3 hrs ago #103
Thank you, Joe SheltieLover 14 hrs ago #29
The "Christian" Taliban will never let that stand. nt CousinIT 14 hrs ago #38
It's About Damn Time!!! Do it, Joe! calimary 14 hrs ago #40
I am so confused. This is the effing 11th Hour of Biden's administration, not TGIF... Hekate 13 hrs ago #45
It's a short amendment. Link below. mn9driver 13 hrs ago #46
Biden is a great guy, so he's allowed to be wrong sometimes Polybius 13 hrs ago #47
VP Harris also concurs that it is now the law of the land MichMan 13 hrs ago #54
Then she's wrong too, because at this moment, it isn't Polybius 13 hrs ago #59
Thanks, President Biden! 🫶 still-prayin4rain 13 hrs ago #51
It is about time. I hope it survives in court. Martin68 13 hrs ago #52
It's worth a shot HereForTheParty 13 hrs ago #58
Thank you, again, President Joe Biden! You are the best president of my lifetime. LaMouffette 13 hrs ago #61
I believe this is what I am MOST excited to hear about! AllyCat 13 hrs ago #62
What are the legal arguments that could be brought against it? LAS14 13 hrs ago #70
Two legal arguments SickOfTheOnePct 13 hrs ago #71
Huh. Maybe I should have asked what the legal arguments are FOR ratification... nt LAS14 12 hrs ago #74
None n/t Polybius 11 hrs ago #75
The main argument for implementation is that the arguments against are invalid Wiz Imp 1 hr ago #107
Baloney. valleyrogue 3 hrs ago #92
We don't now that rescinding is illegal SickOfTheOnePct 3 hrs ago #93
It was a big story when the 38th state ratified (Virginia in 2020) Wiz Imp 1 hr ago #106
thre was a 7 year deadline for ratification - ending in the early 1980s rampartd 11 hrs ago #77
So Biden is just dumping a legal fuss into Trump's lap to show his misogyny. nt LAS14 10 hrs ago #80
I can't wait to hear the challenges. William769 9 hrs ago #83
this seems huge prodigitalson 3 hrs ago #102
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