We have good news and an urgent update on the Equal Rights Amendment, John. 

The good news is we are in the last hurdle to get the ERA certified and published.

We are now going all in to urge the Biden Administration to lift the ERA Blockade imposed by the Trump Administration Office of Legal Counsel (OLC) memo. The Trump Administration OLC intruded in the amendment process by instructing the National Archivist not to certify and publish the ERA, claiming the time for the ERA had expired. Numerous Constitutional Scholars from across the country have said the timeline of the preamble is advisory and not binding because it was not in the text of the ERA and the states never agreed to the timeline. To this day no amendment has been stopped by a time limit, that does not have a time limit in the text of the amendment itself.

The Feminist Majority and The ERA Coalition, composed of 200 diverse organizations, is petitioning the Biden Administration to remove the Trump Administration OLC blockade of the ERA and permit the archivist to certify and publish the ERA as the 28th Amendment to the United States Constitution.

For almost 100 years, Feminists have been fighting to ratify this amendment and we must continue applying pressure to ensure that gender equality is finally enshrined in our Constitution. 

Here is a quick refresher on where we are: 

Early in January 2020, the Trump Administration through the Department of Justice’s Office of Legal Counsel, intruded into the ratification process of the Equal Rights Amendment, by issuing a memo to the National Archivist stating he could not certify and publish the ERA if the 38th state ratified because the time limit had expired and effectively the ERA was dead.

But the Trump Administration memo can and must be removed by the Biden Administration. It is clear in the history of our Constitution that the executive branch has no role in the ratification process. This Trump intrusion must be withdrawn.

Right now, Virginia, Illinois, and Nevada are in the Federal Court of Appeals for the DC Circuit demanding that their states’ ratification be recognized, and that the Archivist certifies and publishes the Equal Rights Amendment as the 28th Amendment to the Constitution.

Distinguished Constitutional Law Scholars, last week, submitted an Amicus Brief to this Court of Appeals, stating that the timeline is advisory and not binding. And that the ERA, having been approved by 2/3rds of the members of Congress and 3/4ths of the states, has fulfilled the only two requirements for ratification of an amendment to the United States Constitution.

That is why, to complete the ERA certification, promote equality, and prevent the denial of equal rights on the basis of sex, we are calling on the Biden Administration to withdraw the over-reaching opinion memo from Trump Administration. 

I fully recognize this is wonky – but it is urgent as the Court deadline for the US Governments' brief is March 4, 2022. The Biden Administration must withdraw the Trump Administration memo and permit the National Archivist to certify and publish the ERA as the 28th amendment to the US Constitution.

Urge the Biden Administration to address the overstepping opinion of the Trump Administration and withdraw its OLC memo. 

The ERA has met ALL requirements to become a part of the Constitution. It was passed by Congress almost 50 years ago (March 22, 1972) and it was ratified by 38 states as of January 27, 2020.

Now, we need to finish the last step of certification.

Urge the Biden Administration to act for equality now! 

Together, let’s get this done.  

For Equality,

Ellie Smeal

PS - We are at a pivotal point in the history of the ERA, please take action now.