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The Office of Legal Counsel (OLC) of the U.S. Justice Department delivered an opinion Wednesday that asserted the Equal Rights Amendment (ERA) is dead and cannot be revived by Congress.
The amendment has long been considered a “Trojan horse” for gender ideology and abortion by pro-family and pro-life groups.
OLC - Opinion - Assistant - Attorney - General
The OLC’s opinion, written by Assistant Attorney General Steven A. Engel, is binding on the National Archives.
The ruling asserts the deadline for ratification of the ERA set by Congress in 1972 is still valid:
Congress - Authority - Deadline - Amendment - Authority
Congress has constitutional authority to impose a deadline for ratifying a proposed constitutional amendment. It exercised this authority when proposing the Equal Rights Amendment and, because three-fourths of the state legislatures did not ratify before the deadline that Congress imposed, the Equal Rights Amendment has failed of adoption and is no longer pending before the States. Accordingly, even if one or more state legislatures were to ratify the proposed amendment, it would not become part of the Constitution, and the Archivist could not certify its adoption under 1 U.S.C. § 106b.
Congress may not revive a proposed amendment after a deadline for its ratification has expired. Should Congress wish to propose the amendment anew, it may do so through the same procedures required to propose an amendment in the first instance, consistent with Article V of the Constitution.
Congress - Authority - Deadline - Ratification - ERA
“We conclude that Congress had the constitutional authority to impose a deadline on the ratification of the ERA and, because that deadline has expired, the ERA Resolution is no longer pending before the states,” wrote Engel.
“Even if one or more state legislatures were to ratify the 1972 proposal, that action would not complete the ratification of the amendment, and the ERA’s adoption could not be certified under 1 U.S.C. § 106b,” he added.
Eagle - Forum - ERA
The pro-life and pro-family Eagle Forum has opposed the ERA consistently, including...
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