MAYDAY! MAYDAY for the ERA!
Women supported, voted for and TRUSTED President Biden and Vice President Kamala Harris to correct the horrendous suppression of civil rights by the Trump Administration. Yet, over half the population are still being oppressed. WOMEN DEMAND EQUAL RIGHTS NOW!
President Biden was the show runner for the Violence Against Women Act in the 90’s, but he let ALL THE DATES, ON WHICH HE SHOULD HAVE DIRECTED THE ARCHIVIST TO PUBLISH THE #ERA, PASS! The one-year Anniversary of the Ratification of the ERA, by the 38th and final necessary state, Virginia, on January 27th, 2021; International Women’s Day on March 8th, 2021; and the other 30 #*<&@! days of March, Women’s Equality Month! WTF? Who brung ya to the gd dance?!! In case you forgot: Black Women, Asian Women, Latina Women, White Women — over 45 MILLION WOMEN!
President Biden had all this time to STOP the Department of Justice from fighting AGAINST the ERA in the two federal lawsuits by proponents of the ERA. I do NOT want to hear %#*% about your not wanting to “politicize” the DOJ. It was politicized by TRUMP and BARR. You called off your DOJ from fighting against trans rights in that case. YOUR ATTORNEY GENERAL, Merrick Garland, has already been confirmed. Yet, supporting the most significant civil rights cases since Brown vs. the Board of Education desegregated the schools, was too much to ask?!!
“This is a Big F’g Deal!” President Biden! You allowed YOUR DOJ to fight against the last three states that ratified the ERA, Nevada, Illinois, and Virginia, in the DC District Court! So, the DC District Court Opinion is on YOU. You allowed YOUR DOJ to file a Brief Against the ERA after your Inauguration in the 1st Circuit Court of Appeals! You allowed YOUR DOJ to file the March 5th, 2021 unconstitutional DC District Court Opinion in support of YOUR DOJ’s Brief in the 1st Circuit AGAINST the plaintiffs in the only federal case, brought by WOMEN, Equal Means Equal et al. (“EME”) vs. Ferriero, to force the ARCHIVIST to do his LEGALLY MANDATED ministerial job of publishing the duly ratified ERA as the 28th Amendment.
And NOW, YOUR DOJ is preparing for YOUR ORAL ARGUMENT — TO KILL THE ERA — on May 5th, 2021.
You could stop this BS that is aimed to keep women as 2nd class citizens for what? The next 100 years? Forever? We’ve already been deemed 2nd class citizens by the 14th Amendment and the rest of the Constitution for 245 YEARS! Our country’s ENTIRE EXISTENCE!!!
You could change this with a stroke of your pen! With a 5 minute phone call! With another gd EXECUTIVE ORDER! All you have to do is tell the U.S. Archivist to publish the ERA TODAY!
YOUR DOJ could rescind the Trump/Barr Office of Legal Counsel Opinion that interfered with the Archivist doing his legal duty!
I explained the legal arguments to support this corrective action in my last blogpost. I am reiterating it below, so you can share it with YOUR DOJ.
TELL THE ARCHIVIST TO PUBLISH THE ERA NOW!! TELL YOUR DOJ TO SETTLE THE EME CASE TO AGREE THAT THE ERA WAS DULY RATIFIED ON JANUARY 27th, 2020. #ERANow
Write to Pres. Biden here: http://bit.ly/3t4X33t
As I said a month ago, since the substantive parts of the DC Opinion were done without subject matter jurisdiction, there is an opening for the DOJ to do a new Office of Legal Counsel (“OLC”) opinion — or to just withdraw it — to get the Archivist to publish. I have attached a brief memo about my theory for a new OLC Opinion — or better yet, withdrawing it, here.
I reiterate that it is critical for you, Pres. Biden, to act first, by directing the Archivist to publish the ERA — or having YOUR DOJ settle the 1st Circuit case BEFORE May with an out-of-court settlement (or order) stating that the ERA was duly ratified on January 27, 2020 and telling the Archivist to publish it, because you’re the only one who can act first. The Senate cannot pass its SJ Res 1 resolution without 60 votes, and WV Sen. Manchin is blocking a change to the fillibuster rule.
If the Archivist publishes before Congress has adopted the Substitute Joint Resolution for SJ Res 1, that I proposed in my last blogpost, I still think Congress needs to do a validation Resolution with this same proposed language (except the last sentence), like Congress did in 1992 with the 27th Amendment, to solidify the ERA as the 28th Amendment by making it a Political Question and protecting it from further Court intervention.
Click here for a clean copy of the proposed Resolution.
Women need and deserve to have the ERA in the Constitution. We are so close. Women have waited and fought 245 years to have equal rights. We need to use this brief window of opportunity in the smartest way, so we do not squander it. I want my five granddaughters to have equal rights. Carpe F’g diem. That’s Latin for “DO THE JOB YOU WERE ELECTED TO DO.” Publish the ERA NOW.
#MAYDAY4ERA
