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Equality for Women ~ ERA Legal Blog ~

The legal & political battle to have the ERA published by the Archivist as the 28th Amendment & Pres. Biden’s Constitutional Duty to tell her to do so.

Gratitude is Stronger than Fear

President Biden has a Constitutional and Moral Duty to Publish the Equal Rights Amendment Now

Gratefully re-published, with permission from Women’s eNews, from August 9, 2023: Gratitude is Stronger than Fear.

Here is the legal truth: The Equal Rights Amendment (“ERA”) was ratified on January 27, 2020, the date that Virginia, the last necessary state, ratified it, and it legally became the valid 28th Amendment to the U.S. Constitution immediately. 1

[See ENDNOTES below].

✍🏻PETITION https://www.change.org/BidenPublishERA

The U.S. Archivist has already certified the required 38 states’ ratifications. 2 Rescissions, from states that have purported to rescind their ratifications, are not Constitutional or valid. The seven-year deadline in the ERA Resolving Clause (that is not included in the text of the ERA) is unconstitutional and void ab initio (from the beginning). 3 Further, the only time restraint in the text of the ERA is for two years (not seven), as set forth in the ERA’s Section 3, that gave states and the federal government a two-year cushion to correct their discriminatory laws. 4 Thus, the ERA became legally enforceable on January 27, 2022.

The 28th Amendment, the ERA, reads:

Section 1: Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

Section 2: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 3: This amendment shall take effect two years after the date of ratification.

On July 13, 2023, Representative Cori Bush and Senator Kirsten Gillibrand submitted a Joint Resolution verifying that the ERA is fully ratified and effective, and that it can and must be published by the Archivist in the United States Constitution as the valid 28th Amendment. 5

We call on all Congressional supporters of equal rights, for women and LGBTQ citizens, to write to President Biden demanding that he order the Archivist to publish the ERA immediately. A resolution in Congress is not necessary, because Biden does not need anything from Congress to do his Constitutional duty (Article II, §3) to “Take Care” to enforce 1 USC §106b, which gives the Archivist a procedural, mandatory legal duty to certify the states’ ratifications and to publish the ERA in the U.S. Constitution immediately.

Once the Archivist has certified and published the ERA, it is final. No court can undo it, due to the “Political Question” doctrine. Further, the question of the validity of the ERA is already protected by the “Political Question” doctrine, because of the evidence gathered in the two ERA hearings, the October 21, 2021 House Oversight Committee Hearing and the February 28, 2023 Senate Judiciary Committee Hearing. 6

Those in Congress should patriotically protect their constituents and our democracy from repeating the complacency and fatal tolerance of gradually increasing fascism in 1930’s Germany, which authoritarian regime Trump has promised to instate here if he is elected president in 2024. 7

Female and LGBTQ citizens are being hunted and tortured. OBGYN doctors are either losing their jobs or risking imprisonment. Maternal mortality rates have shown a marked increase in states where abortion is strictly limited. 8 It is unacceptable for Congress and the Biden Administration to wait one more day to end this national trauma.

The ERA was written 100 years ago by Suffragists Alice Paul and Crystal Eastman. The ERA Centennial Convention was celebrated in July 2023, in Seneca Falls, New York, where the ERA was originally announced on July 21st, 1923, with Rep. Cori Bush as keynote. There also, Elizabeth Cady Stanton convened the first women’s rights convention 175 years ago in 1848. She was the first person to call for women’s right to vote and for women’s equal rights publicly in the United States.

The 2020 Biden/Harris Campaign’s Women’s Agenda stated they would work to enshrine women’s equality in the Constitution and agreed that the ERA had already been fully ratified. 9 Forty-seven million women voted them into office. Many of Biden’s promises to women would be kept if he published the ERA. He issued an ERA statement on the day it became legally-effective but did not acknowledge that is was. 10 Instead, he kept deflecting responsibility onto Congress.

How many people will die before Biden fulfills his Constitutional DUTY to enforce 1 USC §106b by ordering the Archivist to publish the ERA? How many people will be so damaged by sepsis or other complications that they will lose the ability to ever become pregnant again? How much more damage will the GOP do to our national security by weaponizing Dobbs? It is immoral and dangerous to wait any longer.

Astonishingly, Biden also allowed his Department of Justice to continue Trump’s fight in two federal court cases for two years against women and against the ERA: the Equal Means Equal case 11 and the last three states that ratified the ERA (Nevada, Illinois and Virginia). 12 Both cases were trying to force the Archivist to publish the ERA — when all along Biden wore the proverbial ruby slippers — he had and has the power and the duty to instruct the Archivist to publish the ERA!

Publication is important because it means the National Archives will produce a new Constitution containing the ERA, which puts our country, including the Supreme Court, on public notice (so it cannot be ignored) that the ERA is part of the Constitution, the strongest legal document in the United States.

The ERA was legally-effective before the Dobbs decision came down from the Supreme Court on June 24, 2022. The Dobbs oral arguments by Jackson Women’s Health Organization (“the Clinic”), Dobbs, and Biden’s Solicitor General occurred on December 1, 2021. None of them, nor any other briefs in support of abortion rights, cited the ERA as legal grounds. The ERA was set to become legally effective on January 27, 2022. It was the only way the Clinic could win in this Supreme Court, because it was and is a textual basis for the right to abortion and, by implication, for a fundamental right to reproductive choice, which Justice Alito erroneously wrote in Dobbs did not exist. Tragically, almost all Dobbs briefs in support of abortion rights included arguments that would support making reproductive rights a fundamental right under the ERA – if only the lawyers had also provided the ERA as legal authority. Instead, the lawyers hinged their equality arguments on the Equal Protection Clause, which does not make women equal citizens – only the ERA does.

On December 6, 2021, Ms. Rockey emailed and faxed the now Honorable Julie Rikelman (appointed to the First Circuit Court of Appeals about three months after Dobbs by President Biden), of the Center for Reproductive Rights (“CRR”), which represented the Clinic, urging CRR to file a Motion in Dobbs seeking permission to present the ERA as new legal authority. 13 Only their client had the right to ask to file a Supplemental Brief on the newly-effective ERA. CRR shockingly failed to do so.

Then, the day after the Alito Dobbs opinion leaked, on May 3, 2022, Ms. Rockey re-sent the December 6, 2021 packet. Since CRR had filed nothing, on May 16, 2022, Ms. Rockey and Ms. Collias, who are members of the Supreme Court Bar, tried a hail mary pass. They filed a Motion for Leave to file a Friend of the Court (amicus) brief on behalf of ERA-NC Alliance, arguing that the ERA is the Constitutional textual basis that Justice Alito said did not exist. 14 They asked the Supreme Court to invite them to do so due to the extraordinary circumstances. Ms. Rockey sent copies of the Motion to all attorneys of record, including Judge Rikelman and the Solicitor General, who was representing the Biden Administration.

The Biden Administration claims it supports women’s rights to control their own reproductive choices; however, President Biden knew in advance of the Dobbs decision, and the day after the Alito opinion was leaked, on May 3, 2022, he could have prevented them from being decimated in Dobbs with an Executive Order or one phone call, telling the Archivist to publish the ERA.

Other attorneys had communicated with Biden’s White House Counsel about the ERA before Dobbs. Ms. Rockey emailed the legal reasons Biden could publish the ERA, that Biden had a Constitutional DUTY to publish it, and that the ERA would protect reproductive rights (as well as many LGBTQ rights), to Biden’s White House Counsel. 15 She pleaded with Biden to publish the ERA immediately to protect reproductive rights. Ms. Rockey also sent the email to two of Vice President Harris’ attorneys, and five other top women in their administration on June 17, 2022.

On June 22, 2022, since CRR did not file anything about the ERA, Ms. Rockey wrote and faxed another letter to CRR, including ERA-NC Alliance’s Dobbs Motion, with legal reasoning CRR could use, and the June 17, 2022 letter to the White House Counsel.16 CRR could have forced the Supreme Court to confront the ERA’s textual basis to protect reproductive rights.

The failure of President Biden to publish the ERA before Dobbs and of the Center for Reproductive Rights to submit the ERA as legal authority in Dobbs resulted in the Supreme Court overturning Roe v. Wade. The Dobbs decision did much more than decimate Reproductive Rights. It obliterated the right to privacy, and arguably substantive due process, which is why Dobbs will likely be used to destroy many more rights, including LGBTQ rights.

President Biden continues to refuse to publish the ERA to stop this “Handmaids Hell,” the multitude of draconian fascist anti-abortion state laws. As Biden did in the 2022 mid-terms, he is still using our FEAR to garner votes and to fundraise for Democrats — despite KNOWING the absolute chaos, devastation, grief, trauma, and death that will be caused without the ERA.

Several state legislatures and the North Carolina State Democratic Party have passed resolutions stating that the ERA is the valid 28th Amendment, and some call on the Biden Administration to publish it immediately.17 All protests supportive of LGBTQ rights MUST be directed to President Biden until he publishes the ERA. He was the first in the White House to publicly approve of gay marriage, which was highly consequential. Since Dobbs, hundreds of anti-LGBTQ laws have been enacted in the red states.18 The Biden/Harris Administration says it supports LGBTQ rights, but gay marriage and intimate relationships will likely be outlawed in red states and ultimately the Courts unless Biden publishes the ERA soon.

The Biden/Harris Administration claims it supports Congress “codifying Roe” (creating a federal law) to protect reproductive rights and passing the federal “Equality Act” to protect LGBTQ rights, but those laws will be struck down as unconstitutional if Biden does not first publish the ERA. With this Supreme Court, Congress must have a TEXTUAL Constitutional basis for all laws to be constitutionally valid.

In his initial 2024 campaign video, President Biden asks, do we want “more rights or fewer?” — showing protests for Reproductive and LGBTQ Rights.19 If they truly care about our rights, prove it NOW! Then Democrats can legitimately campaign on codifying Roe and passing the Equality Act!

We need thousands of people protesting, texting Biden at 302-404-0880 daily, and making #BidenPublishERA trend on social media with a link to this article, until Biden publishes the ERA. If you’re interested in joining an action, check out and join https://GenerationRatify.org and http://EqualMeansEqual.org. If you can only sign a petition, sign this one: http://www.change.org/BidenPublishERA.

President Biden is the only person or entity that has the authority to order the Archivist, Colleen J. Shogan, to publish, because he has a Constitutional duty (Article II, §3) to “Take Care” that 1 USC §106b is faithfully executed. During her Senate confirmation hearing, she said she would need an order to publish the ERA.

Both the Trump and Biden Departments of Justice issued misleading Office of Legal Counsel Opinions stating there were still prerequisites for the Archivist to act. To be clear, there are none. Once she publishes, no court can undo the 28th Amendment.20 President Biden should trust that the 85% of Americans who support abortion rights, the 85% of likely voters who support the Equal Rights Amendment, and the 71% of Americans who support gay marriage 21 will be so grateful after he has the Archivist publish the ERA, that we will work assiduously to re-elect him, because gratitude is stronger than fear.

We call on President Biden to correct course. Publishing the ERA will be the most historic Presidential action since the Emancipation Proclamation, President Lincoln’s executive order that ended slavery. President Biden will then be remembered for ensuring that American women are equal citizens, for the first time in our history, and for fortifying our democracy when it was in peril of being dismantled by fascism.

*****

Authors: Arlaine Rockey, Esq. and Gina Collias, Esq. are both NC Attorneys and ERA lawyers who sit on the National ERA Publication Task Force. They represented Amici Curiae in the Equal Means Equal federal ERA lawsuit and also tried to bring the ERA to the attention of the Supreme Court of the United States in the Dobbs case after the Alito leak, but they were unsuccessful, because only Jackson Women’s Health Organization had the right to file a Motion for Leave to submit a Supplemental Brief on the newly-effective ERA, and their lawyers shockingly failed to do so after ample notice from Ms. Rockey. Ms. Rockey and Ms. Collias also submitted written testimony to the Senate Judiciary Committee on the ERA. Read more in Ms. Rockey’s ERA Legal Blog. Ms. Rockey is also the writer and Executive Producer of the first feature film about Elizabeth Cady Stanton, The First Suffragist, who led the first women’s rights movement for over fifty years with Susan B. Anthony. Ms. Collias was instrumental in getting the N.C. State Democratic Party to pass resolution 2.30 in June 2023, demanding that the Biden Administration publish the ERA. https://ArlaineRockey.com/equal-rights-for-women [ERA Legal Blog]. https://Attorney-Author.com/ecs [Elizabeth Cady Stanton, The First Suffragist, feature film]. ArlaineRockey@gmail.com @ArlaineRockey on social media GinaColliasAttorney@gmail.com

*****

ENDNOTES to Gratitude is Stronger than Fear and Additional Resources

1. Dillon v. Gloss, 256 U.S. 368 (1921). By law, the ERA should have been immediately published by the Archivist, but in a pre-emptive strike, knowing Virginia was poised to ratify the ERA at the end of January, 2020, Trump and his Attorney General Bill Barr had the Department of Justice’s Office of Legal Counsel issue an opinion in early January, 2020, stating that the seven-year deadline in the Resolving Clause was valid and that the Archivist could not publish. Even so, the then Archivist, David S. Ferriero, issued a statement saying he would publish the ERA in the Constitution if ordered to do so.

2. U.S. Archives – List of certified State ratifications of the ERA https://www.archives.gov/files/foia/pdf/era-list-of-state-ratification-actions-03-24-2020.pdf?_ga=2.126133581.1746651333.1656268097-264669649.1652113592

3. A legal article explaining, based on “textualist” and “originalist” legal analysis, which are the methods of constitutional interpretation that the current conservative majority on the Supreme Court use, showing why the deadline and rescissions in the ERA are unconstitutional, by Michele Honora Thorne, Esq. in the Chicago Bar Association Record May-June 2022 issue. https://user-35215390377.cld.bz/CBA-Record-May-June-2022/31/

Also see her more easily understandable Continuing Legal Education (“CLE”) video at https://youtu.be/9rtRwfX-62w

Also see her CLE video, Coverture, Slavery, and the Unpublished ERA https://youtu.be/XbU7BRF5DmI

4. California is now reviewing all its laws to determine changes that must be made to bring them in compliance with the ERA. CA Sen. Con. Res. 92 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SCR92&search_keywords=%22equal+rights+amendment%22

5. A. Rep. Cori Bush’s HJ Res 82 deeming the ERA is now the valid and enforceable 28th Amendment and that per 1 USC §106b, the Archivist has a mandatory legal duty to certify the 38 states’ ratifications (already done -see link below) & to publish the ERA in the U.S. Constitution (via the Federal Register) https://www.congress.gov/bill/118th-congress/house-joint-resolution/82/text

B. Sen. Kirsten Gilligrand’s SJ Res 39 https://www.gillibrand.senate.gov/wp-content/uploads/2023/07/KIN23233-1.pdf

C. Sen. Kirsten Gilligrand’s one-pager explanation of SJ Res 39 https://www.gillibrand.senate.gov/wp-content/uploads/2023/07/ERA-Now-One-Pager-6.pdf

D. Video of Joint Press Conference 7/13/23 on new Joint Resolution w Rep. Cori Bush & Sen. Kirsten Gillibrand https://youtube.com/watch?v=7lx2jDTUMxc&feature=sharec

6. See United States v. Stahl, 792 F.2d 1438, 1439 (9th Cir. 1986) ("certification of the adoption of [a constitutional amendment by the statutorily-designated federal official] is conclusive upon the courts") (citing Leser v. Garnett, 258 U.S. 130, 137 (1922)).

October 21, 2021 House Oversight Hearing on the Equal Rights Amendment. https://www.c-span.org/video/?515490-1/house-oversight-hearing-equal-rights-amendment

February 28, 2023 Senate Judiciary Committee Hearing on the Equal Rights Amendment. https://www.judiciary.senate.gov/committee-activity/hearings/the-equal-rights-amendment-how-congress-can-recognize-ratification-and-enshrine-equality-in-our-constitution

Arlaine Rockey, Esq. and Gina Collias, Esq.’s written testimony submitted to the Senate Judiciary Committee’s foregoing ERA hearing, that gives the reasons that the ERA protects Reproductive Rights.

Exhibit A is the legal article in footnote 3 (above).

Exhibit B is the Motion we filed in Dobbs in footnote 14 (below).

Exhibit C is a DRAFT EXECUTIVE ORDER (“EO”) for President Biden to sign to publish the ERA (the first paragraph uses the policy language from his 2021 EO creating the Gender Policy Council).

Exhibit D is part of the human rights complaint to the UN regarding the loss of reproductive rights since Dobbs.

The UN Human Rights Committee Report on USA violations has since been published. See it here: https://www.tag24.com/justice/activism/united-nations-human-rights-committee-releases-recommendations-to-address-sweeping-us-violations-2991720

7. In the Garden of Beasts: Love, Terror, and an American Family in Hitler’s Berlin, by Erik Larson ©2011. “[W]hy the world did not recognize the grave threat posed by Hitler until [Germany] and Europe were awash in blood and terror.” Re: U.S. Ambassador to Germany, William E. Dodd and family in 1933-34.

8. Abortion bans drive off doctors and close clinics, putting other health care at risk, Julie Rovner, 5-23-23. https://www.npr.org/sections/health-shots/2023/05/23/1177542605/abortion-bans-drive-off-doctors-and-put-other-health-care-at-risk Majority of OB-GYNs believe overturning Roe led to more maternal deaths: Survey - ABC News, Mary Kekatos, 6-21-23 https://abcnews.go.com/Health/majority-obgyns-overturning-roe-led-maternal-deaths-survey/story?id=100241112

9. https://www.presidency.ucsb.edu/documents/biden-campaign-press-release-the-biden-agenda-for-women

10. https://www.whitehouse.gov/briefing-room/statements-releases/2022/01/27/statement-from-president-biden-on-the-equal-rights-amendment/

11. Equal Means Equal v. Ferriero, 3 F.4th 24 (1st Cir. 2021).

12. Illinois v. Ferriero, No. 21-5096 (D.C. Cir. Feb. 28, 2023).

13. Arlaine Rockey faxed and emailed letters (with attachments) to the Hon. Julie Rikelman on 12-6-21 and 6-22-22 and others at Center for Reproductive Rights, attorneys for the abortion clinic, Jackson Women’s Health Organization, in Dobbs, pleading with them to file a Motion for Leave to file a Supplemental Brief on the ERA, new legal authority that became legally-effective on 1-27-22. They never raised the ERA in Dobbs, which opinion was issued on 6-24-22. https://acrobat.adobe.com/link/track?uri=urn:aaid:scds:US:32a142df-87c9-49e2-b4d6-336399250092

14. Arlaine Rockey, Esq.’s and Gina Collias, Esq.’s Motion for Leave to File an Amicus Curiae Brief, on behalf of ERA-NC Alliance filed on May 16, 2022, in the United States Supreme Court case, Dobbs v. Jackson Women’s Health Organization, seeking permission to bring to the Court’s attention to the legal, textual basis to protect women’s reproductive freedom, found in the text of the Equal Rights Amendment, the 28th Amendment to the Constitution. https://www.supremecourt.gov/DocketPDF/19/19-1392/225397/20220516031348036_2022-05-16%20%2019-1932%20Dobbs%20v%20Jackson%20Womens%20Health%20Org%20-%20ERA-NC%20Alliance%20Amended%20Motion%20for%20Leave%20to%20File%20AC%20Brief%20w%20Ex%20A.pdf

15. Arlaine Rockey, Esq.’s letter to White House Counsel, two of Vice President’s counsel, and five top women in the Administration on June 17, 2022, prior to the Dobbs decision imploring President Biden to publish the ERA immediately to save Reproductive Rights. She included a link to a draft Executive Order. https://adobe.ly/3buaFSa

16 See endnote 13 (above) at pdf page 31 for Arlaine Rockey, Esq.’s letter to White House Counsel on June 17, 2022.

17. Resolutions declaring the ERA is the 28th Amendment: Hawaii, Illinois, Michigan and North Carolina State Democratic Party call on the Biden Administration to publish the ERA in the U.S. Constitution, others refer to same in U.S. Congressional Resolutions.

California Senate J Res 12 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SJR12

Colorado Sen J Res 23-006 https://leg.colorado.gov/sites/default/files/2023a_sjr006_signed.pdf

Hawaii HRC 200 https://www.capitol.hawaii.gov/sessions/session2023/bills/HCR200.pdf

Illinois HJR 20 https://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=112&GA=103&DocTypeId=HJR&DocNum=20&GAID=17&LegID=149286&SpecSess=&Session=

Michigan House Concurrent Res. No. 3 http://legislature.mi.gov/documents/2023-2024/concurrentresolutionadopted/House/pdf/2023-HACRH-0003.pdf

Minnesota SF 47, Sec. of State Res 1 https://www.revisor.mn.gov/bills/text.php?number=HF197&type=bill&version=1&session=ls93&session_year=2023&session_number=0

North Carolina State Democratic Party Res. 2.30 (text at page 30) passed 6/24/23 https://www.ncdp.org/wp-content/uploads/2023/06/DRAFT-FINAL-REPORT-NCDP-RESOLUTIONS-AND-PLATFORM-COMMITTEE-2023.pdf

18 While many of the new LGBTQ discriminatory laws involve transgender children, in Ms. Rockey’s legal opinion, having practiced law involving children for over thirty years, the ERA will not automatically stop all these laws, because just like with abortion, there is a stronger competing state interest in protecting children, which means the authority to protect children from abuse and neglect (based on each state’s legal definition). That is why the ERA will likely (like Roe v. Wade) only protect abortion for pregnancies before the fetus is viable, which has remained relatively constant since Roe v. Wade, at about 23-24 weeks (see https://RespectPeople.org for more information on viability). Similarly, the state has the same competing rights with regard to non-reversible life-changing augmentations of children’s bodies. There are also competing psychological interests for the child currently while a child versus what the psychological detriments could be when they are adults who have lost the ability to have children themselves, for example. Medically, we know now that a person’s brain is not fully-formed until a person is about 25 years old, but under the ERA, the state will likely not be able to prevent medical transitioning after the child has reached the legal age of an adult, now 18 years old, although there are laws such as those involving alcohol that do not allow purchasing alcohol until 21 years of age. Parents also have fundamental (strong) Constitutional rights regarding how to raise their children, so that is another legal interest that will be considered in all children’s LGBTQ legal cases, and the ERA could be argued by the child’s lawyer to support the child’s wishes. So, these will be complicated legal cases, depending a lot on expert testimony and evidence and many competing, strong legal rights of the different parties.

19. President Joe Biden’s and Vice-President Kamala Harris’ 2024 Campaign Announcement Video. https://youtu.be/ChjibtX0UzU

20 See United States v. Stahl, 792 F.2d 1438, 1439 (9th Cir. 1986) ("certification of the adoption of [a constitutional amendment by the statutorily-designated federal official] is conclusive upon the courts") (citing Leser v. Garnett, 258 U.S. 130, 137 (1922)). The only way to change a Constitutional Amendment is to follow the Article V process in the Constitution and create a new amendment. The example is Prohibition. It came in with the 18th Amendment, and it was repealed with the 21st Amendment.

21. Polling on support for abortion/ reproductive rights, the ERA, and LGBTQ rights. https://www.forbes.com/sites/alisondurkee/2023/06/26/how-americans-really-feel-about-abortion-the-sometimes-surprising-poll-results-one-year-after-roe-overturned/

Fifty Years Later, Voters Support Passing the Equal Rights Amendment, 6-2-22. “…85 percent of [likely] voters say that they [support] the Equal Rights Amendment, including 93% of Democrats, 79% of Independents, and 79% of Republicans.” https://www.dataforprogress.org/blog/2022/6/2/fifty-years-later-voters-support-passing-the-equal-rights-amendment#:~:text=Despite%20the%20need%20for%20an,and%2079%20percent%20of%20Republicans

U.S. Same-Sex Marriage Support Holds at 71% High, 6-5-23. https://news.gallup.com/poll/506636/sex-marriage-support-holds-high.aspx

ADDITIONAL RESOURCES

for discussion and activism regarding the ERA

1. Arlaine Rockey’s detailed legal blog on the our efforts over the last three years to have the ERA published https://arlainerockey.com/equal-rights-for-women

& ✍🏻PETITION https://www.change.org/BidenPublishERA

2. In Equal Means Equal v. Ferriero, 3 F.4th 24 (1st Cir. 2021), Ms. Rockey, Ms. Collias, and Ms. Pamela Parker, Esq. wrote the amici curiae briefs in all three courts for, final count, 86 amici, organizations that represented over a million of people, including SAG-AFTRA, Human Rights and Diversity Commission of the Teamsters, Niskanen Center, National Women’s Political Caucus, Elizabeth Cady Stanton Trust, The Alice Paul Institute, Global Indigenous Council, and several NOW, AAUW, and ERA state and local groups. U.S. Supreme Court amici curiae brief, with the theme, EQUALITY OF ALL CITIZENS IS ESSENTIAL TO AMERICAN DEMOCRACY is available here: https://acrobat.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A8be29fdf-6f6c-4edf-944c-3a13348ba9a6

3. Respect People is an “effort to mitigate the contentiousness of the abortion debate in the USA,” to help people learn about abortion, from scientific and philosophical perspectives, and to speak about personal views about abortion in a non-confrontational manner. https://www.respectpeople.org

4. Just Sign the Damn ERA Already. ”[T]his could be framed as a solution to a constitutional crisis and not causing one.” July 20, 2022. An interview with Kate Kelly, Esq., EXPERT ERA LAWYER, now the Legislative Director for Rep. Cori Bush, and Convenor of the CENTENNIAL ERA CONVENTION, July 20-23, 2023. Kate Kelly, Esq. states in this interview, “I was specifically promised no malarkey and this [Pres. Biden refusing to publish the ERA] is malarkey.” https://lyz.substack.com/p/sign-era

5. USA Today article about the ERA. Remind Me Why the Biden Administration is in Court Fighting Publication of the ERA? 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 by Carli Pierson. October 1, 2022. https://www.usatoday.com/story/opinion/columnist/2022/10/01/biden-administration-block-era-publication-wrong/10448413002/

6. Women’s eNews article about the ERA: 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. By Caitlin Rich. November 6, 2022 https://womensenews.org/2022/11/president-biden-why-wont-you-publish-the-equal-rights-amendment/

7. Arlaine Rockey’s video clip on the ERA. https://twitter.com/RockeyLaw/status/1548367816583090176?s=20

8. Appeals Court Debates Whether Equal Rights Amendment Is Really Dead, by Rachel Weiner. September 28, 2022. (Quotes and links to Arlaine Rockey, Esq. and Gina Collias, Esq.’s Dobbs Motion for Leave to file an amicus brief on the ERA on behalf of ERA-NC Alliance at the end of article). https://www.washingtonpost.com/dc-md-va/2022/09/28/equal-rights-amendment-appeals-court/

9. ✍🏻 Arlaine Rockey’s Petition for President Biden to publish the ERA now. http://www.change.org/BidenPublishERA

10. http://EqualMeansEqual.org Equal Means Equal is a leading national non-profit organization dedicated to the immediate publication and enforcement of the Equal Rights Amendment (“ERA”). The founder and President, Kamala Lopez, was instrumental in getting the last three necessary states to ratify the ERA (Nevada, Illinois, and Virginia). The website has a wealth of information, including an action hub, a social media hub, and an ERA shop. Follow them on social media and youtube @EqualMeansEqual. Ms. Lopez also was the director of the documentary Equal Means Equal that explains all about gender equality and the pressing need for the ERA. You can find it on streaming platforms.

Join Equal Means Equal for emails to keep you informed of ERA actions and news. If you want to donate to getting the ERA published, we recommend you “fuel the fight” at the Donate link at the top of each page on http://EqualMeansEqual.org.

11. https://www.generationratify.org The inspirational “Young People’s Feminist Movement,” that is currently focused on getting the ERA ratified. With about 13,000 members and chapters nationwide, if you’re young or want to support the generation who needs the ERA most, please join them! They are active nationally, and the national group and chapters are all over social media @genratify or different iterations of that moniker. They also have frequent zoom calls, so you can get to know each other and learn more about the issues. Recently, Generation Ratify was one of the Convenors of the ERA Centennial Convention in Seneca Falls, New York on July 21-20, 2023, and they have been taking over Constitution Avenue in front of the U.S. Archives, with their Constitution Occupations.

12. Text President Biden at 302-404-0880 with #BidenPublishERA and send him frequent messages why you believe we need the ERA now. You can also find him on social media generally @POTUS and Vice President Kamala Harris @VP. You can write either of them at https://www.whitehouse.gov/contact

13. Instead of just trashing campaign donation envelopes, print & keep handy these Alice Paul ERA Dollars & return one in the envelopes with a message!

Proof that the failures of Biden to Publish the ERA before the Dobbs opinion & of the Clinic’s attorneys to raise the ERA in Dobbs flung us into this Authoritarian quicksand. The only way out is for Biden to #PublishTheERA!