Quote from Alex bobby on December 19, 2024, 3:13 AM

Equal Rights Amendment Remains Stalled: Biden Administration Faces Pressure Amid Legal and Congressional Hurdles

The decades-long struggle to ratify the Equal Rights Amendment (ERA) continues as legal and procedural barriers impede its certification. In a rare joint statement issued Tuesday, Archivist of the United States Colleen Shogan and her deputy, William J. Bosanko, reaffirmed that the ERA cannot be certified without further action by Congress or the courts, despite renewed Democratic efforts to push for its ratification before President Joe Biden leaves office next month.

The ERA’s Long Road to Ratification

The Equal Rights Amendment, proposed in 1972, was designed to guarantee equal rights under the law regardless of sex. Congress initially gave states seven years to ratify the amendment, later extending the deadline to 1982. However, by the deadline, only 35 of the required 38 states had ratified it.

In 2020, Virginia became the 38th state to ratify the ERA, reigniting hopes for its certification. Yet, the nearly four-decade gap since the original deadline has created legal complications, with the Office of Legal Counsel (OLC) and multiple court decisions upholding the validity of the deadline.

Democrats Push for Action

More than 120 House Democrats, led by Representatives Cori Bush and Ayanna Pressley, called on President Biden to instruct the National Archives to certify and publish the amendment. In a letter to the president, they emphasized the historic opportunity for the Biden administration to leave a legacy on equal rights.

"Solidifying your legacy on equal rights with a final action on the ERA would be a defining moment for the historic Biden-Harris administration and your presidency," they wrote.

However, Shogan and Bosanko stated unequivocally that neither they nor Biden could act without a congressional or judicial resolution to extend or remove the ratification deadline. “We will abide by these legal precedents and support the constitutional framework in which we operate,” they said.

Legal and Political Challenges

The Biden administration faces significant legal and political hurdles. White House spokesperson Kelly Scully reiterated Biden’s commitment to enshrining the ERA into the Constitution but acknowledged that congressional action is the clearest path forward.

“President Biden has been clear that he wants to see the Equal Rights Amendment definitively enshrined in the Constitution,” Scully said. “Senior administration officials have and will continue to engage with key Congressional leaders and other stakeholders on this issue in the weeks ahead.”

Congressional attempts to remove the deadline, most recently in 2023, have fallen short, failing to secure the 60 votes needed in the Senate to overcome a filibuster.

Dissent Within the Debate

Some Democrats, including Senator Kirsten Gillibrand, have criticized the archivist’s decision, calling it a misinterpretation of her role. Gillibrand argued that the archivist’s role is ministerial and does not involve evaluating legal questions about deadlines.

“OLC memos are advisory in nature and can easily be disregarded by the current administration,” Gillibrand stated, urging Biden to proceed with certification despite the legal risks.

Still, the Biden administration appears cautious, aiming to avoid a scenario where a certified ERA could face legal challenges that might undermine its validity.

Public and Political Implications

The ERA’s fate highlights ongoing debates about gender equality, constitutional law, and the balance of power between Congress, the courts, and the executive branch. Proponents argue that ratifying the ERA reflects the will of the American people, as public opinion has consistently supported constitutional protections against sex-based discrimination.

“It's long past time that we recognize the clear will of the American people,” Scully said.

The Path Forward

As Biden’s presidency enters its final weeks, Democrats and advocates of the ERA are intensifying pressure to secure its certification. However, the administration’s cautious approach underscores the complex legal and political dynamics surrounding the amendment.

While advocates like Gillibrand call for bold action, the archivist’s adherence to established legal precedents signals that congressional or judicial intervention may be the only viable path forward.

For now, the Equal Rights Amendment remains in limbo, a potent reminder of the challenges in amending the Constitution and the enduring fight for gender equality in America.