hesco's blog

The Equal Rights Amendment is the law

Emanuel Pastreich, Independent Candidate for President, March 14th, 2024

When Virginia approved the Equal Rights Amendment in January 2020, the thirty-eight states demanded by the Constitution for legal ratification of an amendment was reached. Some foolishly assumed that when the Biden Administration took power, it would recognize the law in light of President Biden’s constant harping on the ERA, and also because his cabinet had made identity and diversity such key themes in their speeches. Such Americans were sadly mistaken. The unaccountable Biden administration is as unencumbered by the Constitution as the Trump administration was and the Equal Rights Amendment is treated by the executive and judiciary as if it did not exist.

Under President Biden, we face a dictatorship that masquerades as the restoration of the rule of law. The constitutional crisis resulting from Biden’s contempt for the Equal Rights Amendment represents the cold steel fist in a multicultural fluffy glove that is his administration.

Bella Abzug and others March for the ERA
Bella Abzug and others March for the ERA

Following the Constitution, and federal law, the Biden administration has no say about whether the Equal Rights Amendment becomes the foundation for all debate on equality of citizens before the law. The executive branch is empowered to implement laws and regulations, the legislative branch is empowered to draft and approve laws and regulations and it has already approved the Equal Rights Amendment. The courts are responsible for determining that the laws are upheld.

Even more importantly, the corporate media, the pay-to-play public intellectuals promoted by big business, and other shadowy players who hire expensive lobbyists and PR firms have no role to play in the determination of policy or law.

The Equal Rights Amendment is already the law. Its content is fully supported by the vast majority of Americans. The Biden administration pretends the ERA is not the law because it does not care about working women, and because it is tasked by corporations with carrying out the slow demolition of the United States of America as a constitutional republic, and creating a political Disneyland that is driven by domestic repression wherein personalities or images in the mass media, not laws, legitimate the illegal actions of the government.

Cori Bush Urges Merrick Garland Repudiate OLC Letter directing National Archivist to Ignore Statutory Duty to Acknowledge Ratification of Equal Rights Amendment

Last week Representative Corey Bush (D, MO) used her 5 minutes to question Attorney General Merrick Garland as an opportunity to urge the repudiation of the Trump administration's Office of Legal Counsel's letter directing the National Archivist to ignore her statutory duty to acknowledge the ratification of the Equal Rights Amendment as the 28th Amendment to the U.S. Constitution.

Attorney Mary Mahoney offers oral arguments for Elizabeth Cady Stanton Trust for recognition that ERA has already been ratified.

This is how Wendy Murphy described this hearing on her twitter feed:

Incredible job today in court by ERA Attorney Mary Mahoney from Michigan! Really powerful oral argument in support of the ERA and full equality for all #Women! Thanks to leading Women’s rights group Elizabeth Cady Stanton Trust for its fierce leadership!


Publish the ERA, Let the Skirmishes Begin

Prominent constitutional scholars argue that the ERA time limit was advisory only, as it was not in the text of the amendment. They also say that the five states which rescinded their approval of the ERA many years after approving it have no settled right to rescind (at least two states tried to rescind the 14th amendment, to no avail). Article V, which lays out precisely the steps to add an amendment to the Constitution, says nothing about time limits. Congress added them for several amendments in the 20th century to increase its own power and control. But those time limits were all added to the text of those amendments. Not so the ERA.

. . .

The ERA needs to be published. Then we can all make popcorn and watch the legal skirmishes commence. But once published, it will be up to conservatives to prove why equality for women should continue to be excluded from the constitution of the world’s oldest democracy.

National ERA March for Ratification and Extension
National ERA March for Ratification and Extension

Women's eNews: President Biden: Why Won’t You Publish The Equal Rights Amendment?

President Biden: Why Won’t You Publish The Equal Rights Amendment?

The Biden Administration is actually going into court and fighting against the Equal Rights Amendment, a right which would have saved Roe v. Wade.

Caitlin Rich
November 6, 2022

President Biden has failed to support the publication of the Equal Rights Amendment
President Biden has failed to support the publication of the Equal Rights Amendment

“We must recognize the clear will of the American people and definitively enshrine the principle of gender equality in the Constitution. It is long past time that we put all doubt to rest. I am calling on Congress to act immediately to pass a resolution recognizing ratification of the ERA.”

President Joseph Biden Jr.

This statement, released by President Biden two years after the state of Virginia’s ratification, is being labeled “clear duplicity” by Nicole Vorrasi Bates, attorney and founder of Shattering Glass. Although Biden has implied Congress is responsible for recognizing the Equal Rights Amendment, many politicians, lawyers and even scholars question why the Executive Branch has still not published it. Most recently, the DC Court of Appeals heard the oral arguments for Illinois v. Ferriero, but to this, Vorrasi Bates says, “The Biden Administration is actually going into court and fighting against the Equal Rights Amendment, a right which would have saved Roe v. Wade.”

Illinois v. Ferriero and the DC Court of Appeals 

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