No more excuses for Biden: Make Kamala & all Women EQUAL Citizens—Thx to SCOTUS Immunity Decision!

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If the fully-ratified (January 27, 2020) Equal Rights Amendment (“ERA”) was published by the Archivist as the 28th Amendment, it would make VP Kamala Harris, and all women, actually equal citizens for the first time in our Constitution.

Publication was initially blocked by Trumpenfuhrer and can only be corrected by the current President using his Article II, § 3, TAKE CARE AFFIRMATIVE DUTY: “he shall (must) take Care that the laws be faithfully executed” (carried out), here, 1 US Code §106b. That law makes it a mandatory, non-discretionary duty of the Archivist to publish all Amendments that have been ratified by ¾ of the States (now 38) in the Constitution.

Further, it will increase Harris’ poll numbers by at least 10 points and will protect numerous rights for women, girls, LGBT people (based on Bostock), and even men. [I can name one NC criminal law that discriminates against men, Assault on a Female, NCGS §14-33(c)(2), which has a higher charge and penalties, just where a man assaults a female].

Making women, 51% of our population, legal equal citizens will fortify our democracy against authoritarianism. Moreover, the ERA will provide a Fundamental Right to Reproductive Choice (see link below to the Motion I filed in Dobbs trying to bring the newly legally-effective ERA, as of January 27, 2022, per its §3, to the Court’s attention after the Alito leak).

Ironically, Trumpenfuhrer’s SCOTUS immunity decision can be used by Biden with aplomb. It held that the President’s Article II powers are official acts of the President, and it emphasized the strength of the Article II powers of the President:  “[T]he courts have ‘no power to control [the President’s] discretion’ when he acts pursuant to the powers invested exclusively in him by the Constitution.” Trump v. United States, 603 U.S. ____ (2024) (No. 23–939. July 1, 2024) (Slip Opinion ,at 7). So there is absolutely no reason for Biden to further delay (or deflect a job onto Congress) that is only in his POWER and is ONLY HIS DUTY to fulfill: President Biden, TEAR DOWN THIS WALL keeping our next President and over half of our population from FULL EQUALITY!

THE EQUAL RIGHTS AMENDMENT

Sec. 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.

H.R.J. Res. 208, 92d Cong., 86 Stat. 1523 (1972)

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Those of you who love polls, please add post-Dobbs (6/24/22) polling [POLL: ISSUE…] in comments on all issues that the federal Equal Rights Amendment will correct and / or protect:

• Women’s autonomy to choose abortion before viability;

• Equal Pay for Equal Work;

• OBGYNs’ autonomy to use their own professional judgment to treat their patients without fear of arrest or losing their medical licenses;

• IVF (in vitro fertilization);

• Contraception;

• LGBT Marriage Equality;

• Legal ultra-missionary position sex by straight people;

• LGBT sexual relations;

• LGBT adoption;

• Teaching about LGBT history, persons, rights to children at the appropriate grade levels;

• Being able to talk about LGBT people in schools (like the fact that some children have gay parents);

• LGBT people being allowed to be teachers;

• Preventing sex discrimination in employment, housing, federal benefits, etc;

• Per the ERA’s enabling clause, §2, Congress shall have the ability to #CodifyRoe (which they cannot do Constitutionally without publication of the ERA in the Constitution because of the Textualist SCOTUS);

• And any others you find!

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In case President Biden, does not publish the ERA by this Sunday, here is a researched and correct RESOLUTION and group or entity is free to use, and ever add WHEREAS clauses with regard to your specific reasons:

Prepared by ERA Attorney, 

Arlaine Rockey, Esq. 

ArlaineRockey@gmail.com  

https://ArlaineRockey.com

ERA Legal Blog 

https://arlainerockey.com/equal-rights-for-women

Feel free to use and disseminate. 

LINK TO THIS GIFT RESOLUTION:

https://acrobat.adobe.com/id/urn:aaid:sc:US:b59b0cd1-8e32-4c7e-bfd5-96c2301d6607

RESOLUTION FOR PRESIDENT BIDEN TO IMMEDIATELY DIRECT THE U.S. ARCHIVIST TO PUBLISH THE EQUAL RIGHTS AMENDMENT AS THE 28th AMENDMENT TO THE U.S. CONSTITUTION 

By _______________________________

Dated ______________

WHEREAS, Vice President Kamala Harris, as the probable nominee of the Democratic Party for the Presidency of these United States, along with all female citizens must have their legal equality of rights enshrined in the U.S. Constitution now;

WHEREAS, making women, 51% of our population, legal equal citizens will fortify our democracy against authoritarianism;

WHEREAS, the President has an affirmative official Constitutional duty to “Take Care” that all laws are faithfully enforced, per Article II, Section 3, of the U.S. Constitution; 

WHEREAS, 1 U.S. Code, Section 106b makes it the mandatory, non-discretionary job of the Archivist to publish immediately all amendments that have been ratified by 3/4 of the States; 

WHEREAS, the Archivist has already published its list of ERA state ratifications showing that ¾ of our 50 States, 38 States, ratified the ERA on or before January 27, 2020; 

WHEREAS, Article V of the Constitution only textually provides Congress the powers: 1) to send to the States the text of its proposed amendments for their ratification consideration; and 2) to choose one of two methods for states to ratify said proposed amendments, either via a constitutional convention or via each State’s legislative body; 

WHEREAS, Article V provides that the states may vote whether or not to ratify the text of the proposed amendment; 

WHEREAS, the ERA, H.R.J. Res. 208, 92d Cong., 86 Stat. 1523 (1972), was passed by ¾ of both houses of Congress, and sent to the states; 

WHEREAS, the complete proposed text of the ERA was then and is now: 

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;

WHEREAS, based on originalist methods of Constitutional interpretation, ratification once done, cannot be later rescinded. 

WHEREAS, the U.S. Supreme Court decision, Trump v. United States, 603 U.S. ____ (2024) (No. 23–939. July 1, 2024) (Slip Opinion), includes Article II powers as official acts of the President, and it emphasized the strength of the Article II powers of the President:  “[T]he courts have ‘no power to control [the President’s] discretion’ when he acts pursuant to the powers invested exclusively in him by the Constitution.” Id. at 7; 

WHEREAS, the Trump Administration’s OLC Opinion, Ratification of the Equal Rights Amendment, 44 Op. O.L.C. __ (January 6, 2020), incorrectly opined that the purported time limit (aka “deadline”) within which states had to ratify the ERA, prevented the Archivist from publishing the ERA in the Constitution.  However, the time limit was set out only in the Preamble of the ERA Resolution, and was not included in the text of the proposed Amendment (wherein which Congress would have had the authority to include such a time limitation).  Thus, the time limit is unconstitutional and void ab initio;

WHEREAS, said January 6, 2020 OLC Opinion, that effectively blocked the Archivist from following his mandatory, non-discretionary duty under 1 US Code Section 106b, does not have the force of a court order; rather, it is merely a policy opinion. Thus, said OLC Opinion was improvidently decided. It in no way hinders the President’s “Take Care” duty of Art. II, Section 3, Id.; 

WHEREAS, even without being published in the US Constitution, the ERA legally became an Amendment to the US Constitution the moment it was ratified, per Art. V, on January 27, 2020, by Virginia, the last required state ratification; 

WHEREAS, per its own, Section 3, the ERA became legally effective on January 27, 2022; 

WHEREAS, publication of each ratified amendment is necessary to ensure that all state and federal courts and legislatures have official notice that it is an Amendment to the Constitution: 

WHEREAS, directing the U.S. Archivist to follow 1 US Code Section 106b and to immediately publish the ERA in the U.S. Constitution and to note therein that the official date of ratification was January 27, 2020, is a proper use of the President’s official “Take Care” Art. II, Section 3 powers and duties; 

WHEREAS, without the ERA published in the U.S. Constitution, no female citizen has full equal rights under the U.S. Constitution, as the only undiminished right female citizens now have is the right to vote, per the 19th Amendment.

NOW THEREFORE, the President of the United States must immediately direct the United States Archivist to publish the Equal Rights Amendment as the 28th Amendment to our United States Constitution and note therein that the official date of ratification was January 27, 2020. 

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ADDITIONAL LINKS / BACK UP / RECEIPTS:

Daily Kos Opinion Article that explains the current situation with the ERA, with important links within it

📖Kos4RECEIPTS:

https://www.dailykos.com/stories/2024/6/22/2247983/-PUBLISH-THE-ERA-JOE-WOMEN-S-LIVES-AND-LIVELIHOODS-ARE-AT-STAKE-AS-IS-DEMOCRACY

Archivist’s list of state ratifications. https://www.archives.gov/files/foia/pdf/era-list-of-state-ratification-actions-03-24-2020.pdf  

Trump v. United States, 603 U.S. ____ (2024) (No. 23–939. July 1, 2024)(Slip Opinion) [See pg 7 for quote above). https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf  

The Trump Administration’s OLC Opinion, wrongfully blocking publication of the ERA. Ratification of the Equal Rights Amendment, 44 Op. O.L.C. __ (Jan. 6, 2020). https://www.justice.gov/olc/file/1235176/dl?inline

 

Michele Thorne’s Chicago Bar Association Record article using Justice Scalia’s conservative Textualist and Originalist methods of Constitutional interpretation to prove the purported ERA Deadline (in the Resolution’s Preamble, not in the text of the proposed ERA) is unconstitutional and Ratifications, once done, cannot be rescinded. https://user-35215390377.cld.bz/CBA-Record-May-June-2022/31/

Also see her more easily understandable Continuing Legal Education (“CLE”) video (35 minutes) at https://youtu.be/9rtRwfX-62w

The Motion I filed , on behalf of ERA-NC Alliance, in Dobbs trying to bring the newly legally-effective ERA via an Amicus Brief, as of January 27, 2022, per its §3, to the Court’s attention after the Alito leak. It was not accepted for filing, because only a party could bring new legal authority to the Court’s attention. It shows why the ERA TEXTUALLY protects Reproductive Choice and, by implication, creates a Fundamental Right to Reproductive Choice:

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

Draft Executive Order for President Biden to use: https://acrobat.adobe.com/id/urn%3Aaaid%3Asc%3AUS%3A8c6d5149-f3c3-47b1-9e03-e3f6f6258670/?filetype=application%2Fpdf

Arlaine Rickey, Esq.’s ERA Legal Blog 

https://arlainerockey.com/equal-rights-for-women

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