Fight for Equal Rights & Bodily Autonomy With All Your Might
Because it appears even the DNC is against us!
#FreeTheERA #PublishERA #ERASaves #ReproRights #LGBTQRights #HandmaidsHell #TransPersecution
Is your NATIONAL & LOCAL WOMEN’S RIGHTS GROUP, like the Women’s March, NOW, Planned Parenthood, Sister Song, NARAL, Rise Up 4 Abortion Rights, Emily’s List, Republicans for Choice, & your NATIONAL & LOCAL LGBTQ RIGHTS GROUP, like HRC, GLAAD, GLSEN, The Trevor Project, P-FLAG, actually ready to stop this #HandmaidsHell & #TransPersecution yet? If not, you’ve got some convincing to do — and fast.
1) To have them acknowledge that the ERA saves all #ReproRights & many🏳️🌈#LGBTQ Rights, and it will stop most of the anti-trans & anti-gay laws, &
2) To have them focus ALL attention on pressing Biden to order the Archivist to Publish the ERA immediately. For the reasons, READ ONWARD and
Sign Petition to Pres. Biden at www.change.org/BidenPublishERA.
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We need this activism now more than ever, because we ALL just got gaslit by the Senate Dems!
1) They KNEW they could NEVER get 60 votes to break the filibuster (to allow them to have a regular vote) on SJRes4, yet they brought it to the floor for a vote just to get all (except two) GOP Senators on the record refusing to “grant” us EQUAL RIGHTS — Why? For election commercials & fund-raising & they knew that the GOP House would never pass the House Resolution either & much WORSE 👉🏽
2) They left the TITLE of their Resolution DECLARING that SJRes4 was “REMOVING THE DEADLINE” which it did NOT do.
SJRes4 stated that despite (“notwithstanding”) any deadline in the Resolving Clause, not the actual text of the Amendment, it was ratified because it had met all the requirements of Article V of the Constitution.
I suspect they left that resolution title in from an earlier resolution. That was a misleading mistake, because the DEADLINE IS VOID from the beginning (1972). It is unconstitutional because the deadline is not in the actual text of the proposed Amendment; thus, it usurps the States’ rights to have the opportunity to vote up or down on the amendment. States can only vote up or down on what is going to actually be placed in the Constitution — and that is ONLY THE TEXT. (Read my Petition & the linked legal article below about the deadline and rescissions). Here is the text of the Resolution that failed to pass Congress on 4/27/23:
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SENATE JOINT RESOLUTION 4
Removing the deadline for the ratification of the Equal Rights Amendment.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding [despite] any time limit contained in House Joint Resolution 208, 92nd Congress, as agreed to in the Senate on March 22, 1972, the article of amendment proposed to the States in that joint resolution is valid to all intents and purposes as part of the Constitution, having been ratified by the legislatures of three-fourths of the several States.
118th CONGRESS 1st Session
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Some of the Senators may not understand that the deadline is unconstitutional and void ab initio (from the beginning). Here are some resources to explain why the deadline must be in the text of an amendment to be valid and why ratification is a one way street. Once it’s been ratified, it cannot be rescinded (taken back).
Article in Chicago Bar magazine about Ratifications & why a deadline has to be in the text of the amendment to be constitutional
Video CLE about “Coverture, Slavery, and the Unpublished ERA”
Most if not all of the press said the ERA itself “failed to pass” last Thursday, 4/27/23. That is legally false. The ERA was fully ratified on 1/27/20. Congress has already done their job. The States did their job.
The only thing that needs to happen is that the Archivist must publish the ERA! Pres. Trump & his Attorney General Bill Barr illegitimately pulled a fast one and would not allow the Archivist to publish the new 28th Amendment in the actual Constitution in 2020, in contradiction to the law that requires the Archivist to publish new amendments immediately when the Archivist receives certification from ¾ of the states that they ratified the amendment. That law is 1 U.S. Code Section 106b. Trump refused to publish the ERA even though it became legally valid on 1/27/20.
Per its own Section 3, in the text of the Amendment, the ERA became legally effective on 1/27/22, after the two-year cushion the states and the federal governments had to fix their discriminatory laws before we could sue them.
THIS IS THE ONLY TIME IN OUR HISTORY THAT A NEWLY RATIFIED AMENDMENT HAS NOT BEEN PUBLISHED FOR YEARS! Now it’s been over three years!
In his Agenda for Women in his 2020 Campaign, Biden said the ERA was ratified, and he would see it enshrined in the Constitution if he was elected! So, 47 million WOMEN VOTED FOR HIM AND VP HARRIS, & thank goodness!
Many organizations begged him to Publish the ERA (see my Blog) since before he was inaugurated,
But Biden has FAILED WOMEN.
HE AND HIS WHITE HOUSE COUNSEL KNEW HE COULD PUBLISH THE ERA BY TELLING HIS EMPLOYEE, the Archivist, TO FOLLOW THE LAW AND PUBLISH A NEW CONSTITUTION WITH OUR 28th AMENDMENT!!
As soon as the Archivist publishes the ERA, it is permanent. [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 remove it would be to go through the amendment process in Article V, US CONST., just like they had to do to get rid of Prohibition. It came in with an Amendment, and it could only be repealed with a new Amendment.
When the Dobbs case was pending, I contacted the attorneys for Whole Women’s Health, A FEW TIMES (before and after the Dobbs leak), and asked them to file notice (a Supplemental Brief) in the Supreme Court of the new (TEXTUAL) authority for reproductive rights as the ERA had just become effective!
But CRICKETS!!
After the draft Dobbs decision was leaked a year ago on May, 2 2022, showing that the Supreme Court was going to overturn Roe v. Wade, I was trying furiously to get through to the White House Counsel & others in the Administration, but I couldn’t get the email addresses or get through on the phone & tweeting sure didn’t work.
So attorney, Gina Collias, Esq., and I represented NC-ERA Alliance, and sought special permission to file a brief on the ERA (although only a party — Whole Women’s Health had a RIGHT under the Supreme Court Rules to submit new authority — but their lawyers at the Center for Reproductive Rights failed to do so, which still makes me irate), because the ERA WAS (& still is — even though it hasn’t been published yet) THE TEXTUAL BASIS in the Constitution to protect reproductive choices and a fundamental right to reproductive choices, including but not limited to abortion, THAT ALITO SAID IN DOBBS DID NOT EXIST!!
AMENDED MOTION FOR LEAVE TO FILE BRIEF FOR ERA-NC ALLIANCE AS AMICI CURIAE IN SUPPORT OF RESPONDENTS (SCOTUS case#19-1392), on May 16, 2022, FOR LEAVE TO FILE AN AMICUS BRIEF, on behalf of ERA-NC Alliance, to argue based on the ERA TO SAVE REPRODUCTIVE RIGHTS filed in Dobbs v.Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022). It explains why the ERA saves Reproductive Rights and creates a Fundamental Right to Reproductive Rights in it. It was not allowed even to be filed because, despite the extraordinary circumstances, the Supreme Court Rules only allow a party to file a “Supplemental Brief” to brief new authority.
I finally figured out the email addresses inside the White House by 6/17/22, still prior to the Dobbs decision being official. I wrote to the WH Counsel, 2 top attorneys for VP Harris and five other top women in the Biden Administration, asking Biden to PUBLISH THE ERA IMMEDIATELY (& even provided a draft Executive Order) Here is my letter: https://adobe.ly/3buaFSa
So, BIDEN KNEW HE COULD STOP THE SUPREME COURT IF HE WOULD JUST PUBLISH THE ERA IMMEDIATELY— BUT HE FAILED TO PROTECT WOMEN, GIRLS & LGBTQ PEOPLE!!!
And he ALLOWED THIS #HandmaidsHELL to occur and chaos, heartache, pain, fear, near-death experiences, as well as the hundreds of anti-LGBTQ laws and bills that have been enacted or are in the hopper.
WHY?? There’s ONLY ONE ANSWER, TO GET VOTES AND CAMPAIGN MONEY FOR THE MID-TERMS!!!
But the MID-TERMS are over & Biden, knows he has a CONSTITUTIONAL DUTY (per Article II, Section 3, U.S. CONST) AS PRESIDENT TO TAKE CARE THAT THE LAWS ARE FAITHFULLY EXECUTED (carried out), which include 1 USC §106b, Articles V & VI, & the 28th Amendment itself.