Advertisement

Drudge Retort: The Other Side of the News
Saturday, January 18, 2025

President Joe Biden: Today I'm affirming what I have long believed and what three-fourths of the states have ratified: The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.

More

Alternate links: Google News | Twitter

Biden says the ERA is the law of the land. But ... it's not at all clear what comes next. www.npr.org/2025/01/17/n ... [image or embed]

-- Danielle Kurtzleben (@titonka.bsky.social) January 17, 2025 at 10:11 AM

Comments

Admin's note: Participants in this discussion must follow the site's moderation policy. Profanity will be filtered. Abusive conduct is not allowed.

Which will be summarily overruled by Trump's SCOTUS.

Jill Stein 2028!

#1 | Posted by censored at 2025-01-17 05:16 PM | Reply

It has no force of law sadly so. Much ado about nothing.

#2 | Posted by LauraMohr at 2025-01-17 05:37 PM | Reply

In order to become an Amendment it would have to have been ratified within 7 years. That clearly didn't happen.

Biden can't just make it an Amendment. Is social media post. This is stupid.

#3 | Posted by BellRinger at 2025-01-17 07:43 PM | Reply | Funny: 1

You know, coming from China, it's nice to live under a system where the Commander of the Military, FBI, DoJ, declares that the founding legal charter is permanently amended and citizens just laugh at him and nothing happens.

#4 | Posted by oneironaut at 2025-01-18 12:24 AM | Reply

This is stupid.

#3 | Posted by BellRinger at 2025-01-17 07:43 PM | Reply

you can say that again....

This is stupid.

#3 | Posted by BellRinger at 2025-01-17 07:43 PM | Reply

CHUCKLE !!

#5 | Posted by shrimptacodan at 2025-01-18 07:34 AM | Reply | Funny: 1

obviously that days nurse / handler / guard..... left joe alone for too long.....

#6 | Posted by shrimptacodan at 2025-01-18 07:35 AM | Reply | Funny: 1 | Newsworthy 1

Biden has an excuse.....this ILLITERATE MORON does not...

--"The Equal Rights Amendment is the 28th Amendment, and it is the law of the land."

--Kamala Harris

x.com

#7 | Posted by shrimptacodan at 2025-01-18 10:03 AM | Reply

In order to become an Amendment it would have to have been ratified within 7 years. That clearly didn't happen.
#3 | Posted by BellRinger

The Constiution says nothing about a seven year limit. That is something that Congress made up and whether or not they have the right to limit the power of the states in such a way should be litigated by the courts.

#8 | Posted by johnny_hotsauce at 2025-01-18 04:25 PM | Reply | Newsworthy 3

I'll add that it took 42 years to ratify the 19th amendment. If it took that long for the states to resolve an issue such as women's suffrage then why should congress be able to place restrictions on how long states should be able to debate matters of such importance that they require a Constitutional change to settle?

#9 | Posted by johnny_hotsauce at 2025-01-18 04:30 PM | Reply | Newsworthy 3

Ratification doesn't occur by Executive tweet.

Also, I've read that at least a few states that originally ratified have subsequently rescinded which would bring the number of states below 3/4.

#10 | Posted by BellRinger at 2025-01-18 04:46 PM | Reply | Funny: 1

#4 Bellringer It is the only Amendment that a deadline date. It was done on purpose so that if it finally got approved it would still fail.

#11 | Posted by Ronnie68 at 2025-01-18 05:03 PM | Reply

" The Constiution says nothing about a seven year limit. "

It's in the text of the Amendment, making it part of the Amendment itself.

#12 | Posted by BellRinger at 2025-01-18 05:03 PM | Reply | Funny: 1

#4 Bellringer It is the only Amendment that has ever had a deadline date. It was done on purpose so that if it finally got approved it would still fail.

#13 | Posted by Ronnie68 at 2025-01-18 05:05 PM | Reply

#11Ronnie88

The Constitutin doesn't require NOR does it prohibit a time limit.

#14 | Posted by BellRinger at 2025-01-18 05:09 PM | Reply

" First, only 35 " not 38 " states had ratified the ERA by the time the deadline set by Congress hit in 1982.

Second, five of those states who ratified had subsequently voted (before the deadline) to rescind their ratifications " which, if respected, would cut the number of ratifying states down to 30. (Initially, the amendment had broad bipartisan support, but a backlash from conservatives brewed as the 1970s went on and turned Republicans against it.)"

www.vox.com

Given the deadline AND the fact that 5 states rescinded after initially ratifying this thing is dead in the water.

#15 | Posted by BellRinger at 2025-01-18 05:32 PM | Reply | Funny: 1

"Biden can't just make it an Amendment. Is social media post. This is stupid."

It is if you take it at face value. But it looks more like low-key trolling to me.

#16 | Posted by sentinel at 2025-01-18 06:04 PM | Reply | Funny: 2

It's in the text of the Amendment, making it part of the Amendment itself.
#12 | Posted by BellRinger

Wrong. The seven year statement is in the Congressional resolution proposing the amendment, not the actual amendment text.
The the text of the amendment is as follows.

"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.
"SEC. 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
"SEC. 3. This amendment shall take effect two years after the date of ratification."

www.govinfo.gov

#17 | Posted by johnny_hotsauce at 2025-01-19 12:16 AM | Reply | Newsworthy 1

"he seven year statement is in the Congressional resolution proposing the amendment, not the actual amendment text.
The the text of the amendment is as follows."

A distinction without a difference.

And, even if I were to cede that argument (I don't), it doesn't change the fact that 5 states rescinded their initial ratification before the deadline that you are arguing doesn't pass muster.

So, even adding Virginia still leaves it short of the 3/4 necessary for ratification.

#18 | Posted by BellRinger at 2025-01-19 12:31 AM | Reply | Funny: 1

5 states rescinded their initial ratification before the deadline
#18 | Posted by BellRinger

Article V only gives states the authority to ratify an amendment. It does not grant them authority to rescind such action.

#19 | Posted by johnny_hotsauce at 2025-01-19 12:50 AM | Reply | Newsworthy 1

Dinger just doesn't want women to have equal rights. Odd, since he's in their camp with keeping trans people out of their sports.

#20 | Posted by REDIAL at 2025-01-19 12:54 AM | Reply | Newsworthy 1

"It does not grant them authority to rescind such action.
#19 | POSTED BY JOHNNY_HOTSAUCE"

I am not seeing where it prohibits states from doing so.

If the issue was solely either:

A. The 7 year deadline doesn't pass Constitutional muster

-or-

B. States are prohibited from rescinding after ratification

But both? The archivist is refusing to ratify the Amendment. The push for ratification is limited to a small group of pols. Most legal experts seem to be scoffing. I am not making an appeal to authority with that. It's just that when I am not seeing any meaningful push from the legal community for this it suggests to me that this likely goes nowhere.

#21 | Posted by BellRinger at 2025-01-19 12:58 AM | Reply | Funny: 1

I'm not taking your bait, Redial

#22 | Posted by BellRinger at 2025-01-19 12:58 AM | Reply

Dinger just doesn't want women to have equal rights. Odd, since he's in their camp with keeping trans people out of their sports.
#20 | Posted by REDIAL

I don't know how he feels about the ERA and I'm not saying that the court system wouldn't honor the 7 year limit or states rescinding ratification. I'm just pointing out that those powers are not granted by the Constitution. That said, neither is Presidential immunity but that didn't stop the Supreme Court for pulling that out of their collective ass.

#23 | Posted by johnny_hotsauce at 2025-01-19 01:01 AM | Reply

I'm not taking your bait

It was a simple statement of fact.

#24 | Posted by REDIAL at 2025-01-19 01:10 AM | Reply

Ultimately it doesn't matter because justice is dead in America. What the Constitution says is irrelevant. If it's text was still relevant then Trump would not eligible to hold office after he engaged in insurrection.

#25 | Posted by johnny_hotsauce at 2025-01-19 01:13 AM | Reply

"It was a simple statement of fact.

#24 | POSTED BY REDIAL AT 2025-01-19 01:10 AM

No, it was a strawman.

"I don't know how he feels about the ERA"

Insouciant because I feel it's redundant. We have the equal protection clause and we have the 19th Amendment. I'm hard-pressed to conjure up an activity that a man can do by law that a woman cannot, from a Constitutional standpoint.

Advocates for the proposed 28th Amendment seem to believe that it constitutionally protects abortion up to the point of birth under all circumstances. Even that is not a slam dunk. At the end of the day, I just don't see it doing much of anything were it to be ratified.

#26 | Posted by BellRinger at 2025-01-19 01:18 AM | Reply | Funny: 1

Insouciant because I feel it's redundant. We have the equal protection clause and we have the 19th Amendment. I'm hard-pressed to conjure up an activity that a man can do by law that a woman cannot, from a Constitutional standpoint.

Posted by BellRinger at 2025-01-19 01:18 AM | Reply

Reproductive rights. Equal pay for equal work etc etc etc.

#27 | Posted by LauraMohr at 2025-01-19 01:29 AM | Reply | Newsworthy 1

"Equal pay for equal work"

Already enforced. Imperfectly - yeah, probably. But already enforced. I don't see ratification of this proposed amendment moving the needle hardly at all.

From my view it won't be ratified because, at this point, at best, it would have to hurdle both the 7 year deadline AND that a handful of states have subsequently rescinded their ratification.

#28 | Posted by BellRinger at 2025-01-19 01:35 AM | Reply | Funny: 1

journals.law.harvard.edu

Although the Archivist at the time, David Ferriero, had previously expressed support for the ERA, he refused to certify and publish the ERA, citing the Trump administration OLC opinion. Virginia, Nevada, and Illinois sued. They argued that Ferriero had a ministerial duty to certify and publish the ERA, because the Constitution did not grant the Archivist (or any executive branch official) the power to nullify state ratifications of constitutional amendments. The fact that the ratifications came after the deadline did not invalidate them. The states argued that Congress's decision to place the deadline outside the text of the amendment"a departure from Congress's previous practice of placing deadlines in the text of the amendment itself"was pivotal. Furthermore, Article V of the Constitution specifically empowers Congress to do only two things: (1) "propose" amendments, and (2) select one of two "modes" of ratification (state conventions or ratification by state legislatures). It did not empower Congress to place external constraints on how states ratified. Unlike a deadline outside the text,

#29 | Posted by LauraMohr at 2025-01-19 01:39 AM | Reply | Newsworthy 1

According to the prevailing legal interpretation, a state generally cannot rescind its ratification of a constitutional amendment once it has been formally ratified, as the Constitution does not explicitly allow for this action and the process is considered final once a state votes to ratify; however, some legal scholars argue that a state may be able to withdraw its ratification before the amendment is fully ratified by the required number of states.
Key points to consider:
Article V of the Constitution:
This article outlines the amendment process, but does not mention the ability of a state to rescind its ratification.
Precedent:
While some states have attempted to rescind their ratification votes in the past, particularly in the case of the Equal Rights Amendment, these actions have not been recognized as legally valid.

#30 | Posted by LauraMohr at 2025-01-19 01:42 AM | Reply | Newsworthy 1

journals.law.harvard.edu

Good work. Though your presentation lacks intellectual honesty. It omits the legal conclusion of those arguments in favor of ratification. Those arguments failed, albeit on non-merit grounds, at both trial and appellate levels.

Also, the Harvard article you cite fails to address SC precedent on Congressional deadlines for Amendment ratification. Specifically, Dillon v. Gloss, 256 U.S. 368 (1921)

Annotation
Primary Holding

It is not unconstitutional for Congress to require that a new constitutional amendment must be passed within a certain time.

Like the scholar from whom I got these ideas, I support the ERA. I just don't think it's been ratified in the Constitutional sense. https://reason.com/volokh/2025/01/17/bidens-dubious-declaration-that-the-equal-rights-amendment-has-
been-duly-ratified/

#31 | Posted by et_al at 2025-01-19 07:32 AM | Reply

We have the equal protection clause and we have the 19th Amendment. I'm hard-pressed to conjure up an activity that a man can do by law that a woman cannot, from a Constitutional standpoint.

#26 | Posted by BellRinger

Why was the 19A needed since we already had 14A with the equal protection clause?

We recently saw the GOP and their packed Court strip women of their right to life saving health care.

What if the GOP is successful in their expressed desire to revise or repeal the 14th?

Plus I'm just talking about women but the ERA would include protections for men. One such example is that it is unlikely that men would still be forced to register for the draft unless women have to also.

#32 | Posted by johnny_hotsauce at 2025-01-19 12:30 PM | Reply | Newsworthy 1

If you are having trouble sleeping at night due to Trumps inauguration, you just may need BIDENICA!

www.youtube.com

#33 | Posted by MSgt at 2025-01-19 01:03 PM | Reply | Funny: 1

He should have done this four years ago.

The ERA has been passed and ratified. There is ZERO excuse for it not to already be in the official text of the constitution.

And NO, congress DOES NOT have the 'right' to limit the ratification period, nor do states have any 'right' to rescind ratification. Nor do the courts have ANY power to adjudicate the composition of the constitution itself.

Biden now has less than 24 hours to use the power of executive orders to force the archivist to publish this already ratified amendment. I hope he uses his power to do so.

#34 | Posted by DarkVader at 2025-01-19 02:11 PM | Reply

The following HTML tags are allowed in comments: a href, b, i, p, br, ul, ol, li and blockquote. Others will be stripped out. Participants in this discussion must follow the site's moderation policy. Profanity will be filtered. Abusive conduct is not allowed.

Anyone can join this site and make comments. To post this comment, you must sign it with your Drudge Retort username. If you can't remember your username or password, use the lost password form to request it.
Username:
Password:

Home | Breaking News | Comments | User Blogs | Stats | Back Page | RSS Feed | RSS Spec | DMCA Compliance | Privacy | Copyright 2025 World Readable

Drudge Retort