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USA-Today: Remind me why the Biden administration is in court fighting publication of the ERA?

Image removed.The publication of the Equal Rights Amendment is a simple ministerial action and should have happened when Virginia became the 38th state to ratify it in 2020.

A woman holds up a sign as members of Congress and representatives of women's groups rally in 2012 to mark the 40th anniversary of congressional passage of the Equal Rights Amendment. The amendment included what the Congressional Research Service calls a "customary, but not constitutionally mandatory," seven-year deadline for ratification by three-fourths of the states.
  • Women's rights are not enshrined in the Constitution. The ERA was supposed to change that.
  • By 2020, the ERA had the 38 ratifications necessary for it to become the 28th Amendment.
  • Publication of the ERA is a simple action and should have happened when Virginia became the latest state to ratify it.

Biden Nominee for National Archivist Demurrs to Courts on Publication of ERA

At the confirmation hearing for President Biden's nominee to serve as National Archivist (held 2022-09-21), Dr. Colleen Shogan answered questions about her duties under 1 US Code 106(b), committing to demur to judicial authorities over whether to publish her findings that the Equal Rights Amendment has been ratified by the requisite thirty-eight states.  (HINT for any who have not been paying attention, Virginia became the thirty-eighth state to ratify the ERA in January 2020). 

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