FOR IMMEDIATE RELEASE
Wednesday, September 6th, 2023
For further information, please contact:
gasbr-media-queries@sexbasedrights.org
Biden Continues to Dissemble on ERA
as Administration Fails to Address Constitutional Crisis
Pandering for women's votes, on August 26, President Biden published a two paragraph statement for Women's Equality Day, stating that he will "continue to urge Congress to act swiftly to recognize ratification of the ERA". Yet the Biden Administration's Department of Justice argued before the DC Court of Appeals last fall that there is no role left for Congress in the process.
Although he campaigned for women’s votes in 2020, promising to support the Equal Rights Amendment that achieved final ratification in January of that year, President Biden has failed to instruct the National Archivists to fulfill their statutory obligation to “publish . . . forthwith” the duly ratified Equal Rights Amendment. Biden appointed Dr. Colleen Shogan as our eleventh National Archivist. Dr. Shogan at her Senate confirmation hearing said she would demur to judicial authorities over whether to fulfill her statutory duty to publish a finding that the Equal Rights Amendment has been ratified.
"If Biden has really 'supported the ERA since (he) first ran for public office', as he asserted in his statement last week, why hasn't he picked up the phone and instructed the National Archivist to do her job and publish it?" asked Carol Bouldin, a co-chair of the Green Alliance for Sex-Based Rights, a membership organization. "His behavior leaves us with only two viable options, either he does not understand the Constitution he swore an oath to defend; or he remains hostile to women's equality but is lying because his re-election is dependent on women's votes. Our members are asking, which is it?"
In oral arguments last fall before the DC Circuit Court of Appeals, attorneys for the Biden Administration’s Department of Justice opposed litigation that would have compelled the National Archivist to perform her duty (Title 1 US Code Section 106b) to “publish . . . forthwith” a Constitutional Amendment which has met the requirements of Article V., of the U.S. Constitution for the amendment of our nation’s governing charter.
Those conditions have been met with the 1972 action by a two-thirds majority of each chamber of the U.S. Congress to submit the Equal Rights Amendment to the states for ratification; and by the subsequent ratification between 1972 and 2020, by 38 states, constituting three-fourths of the states, to ratify the ERA.
"While we welcome the pledge by Biden's primary opponent, Marianne Williamson, for day one action to instruct Dr. Shogan to fulfill her statutory obligation as the Archivist to publish the ERA, we need not wait for January 20th, 2025. We must see action from Biden," said Ms. Bouldin. "Biden is already the President. He already supervises the National Archivist. And if he were being honest with the American people, he'd stop blaming Congress for inaction and pick up the phone and get the job done."
The ERA achieved final ratification in January 2020 and enjoys the support of 75% to 94% of the public, while 80% would be surprised to learn it is not already enforceable.
The Green Alliance for Sex-Based Rights is a pro-feminist, gender-critical, women-led membership organization, independent of corporate parties and influence, seeking to engage in elections and other political activities.
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Statement from President Joe Biden on Equal Rights Amendment Centennial
https://www.whitehouse.gov/briefing-room/statements-releases/2023/08/26/statement-from-president-joe-biden-on-equal-rights-amendment-centennial/
Green Alliance for Sex-Based Rights urges
President Biden to Instruct Archivist to Publish the ERA
https://greenalliance.sexbasedrights.org/take_action/Tell_President_Biden--Pick_up_the_Phone--Publish_the_ERA
Marianne Williamson Pledges Day-One Action to Publish the Equal Rights Amendment
https://greenalliance.sexbasedrights.org/blog/hesco/Williamson_pledges_day_one_action_to_publish_ERA
Biden Nominee for National Archivist Demurs to Courts on Publication of ERA
https://greenalliance.sexbasedrights.org/news/equal-rights-amendment/National_Archivist_Confirmation_Hearing--Colleen_Shogan
Oral Arguments Before US Court of Appeals for District of Columbia,
in Illinois et al v David Fierro
https://greenalliance.sexbasedrights.org/news/equal-rights-amendment/Illinois-v-Fiero--oral_arguments--us-court-of-appeals