Season 4, Episode 51 (Show 208): Changing Your Mind, or Changing the Rules
December 25, 2024
The Equal Rights Amendment is on the agenda again, with many Democratic Senators asserting that it has already been ratified and should be so certified by the National Archivist. We analyze.
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As the Biden Administration winds down, pressure is being applied to the President, asking him to order the National Archivist to certify the Equal Rights Amendment as part of the Constitution. Senator Gillebrand has submitted a letter, co-signed by more than 40 Senators, making arguments that harken back to the resolution that accompanied the 1972 amendment, when Congress purported to place a time limit on the amendment’s ratification. Also, some state legislatures withdrew their ratification after initially approving it, and the Senators are crying foul on this. We take a deep dive into the arguments put forth by the amendment’s implementation advocates, the history of other amendments that faced analogous issues, including the great 14th amendment, and Professor Amar’s own scholarship on the matters. Meanwhile, our 4th anniversary is approaching, and we preview the gala event – with Justice Breyer getting behind the microphone with us before you know it!
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