General Discussion

JohnSJ

(97,074 posts)

4. On what grounds? The required number of states ratified it in 2020.

Fri Jan 17, 2025, 04:45 PM

Jan 17

“ President Biden made official a reality that many Americans failed to recognize at the time: that Article V of the Constitution expressly makes any proposed Amendment to that document “Part of this Constitution, when ratified by the Legislatures of three fourths of the several States.” Nothing in Article V makes the Constitution’s binding contents depend on any further official action by any branch of the federal government, whether Congress or the Judiciary or indeed the Executive.”

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Hekate eShirl

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SCOTUS will throw out the ERA in a NY minute. [View all] speak easy Jan 17 OP

Uh no. boston bean Jan 17 #1

No? speak easy Jan 17 #2

What do you mean by "alternative facts ERA" ? It's the same one as it ever was. Hekate Jan 17 #3

March 22, 1979 was the ratification deadline for the ERA. speak easy Jan 17 #6

we had 7 years to ratify it rampartd Jan 17 #56

That's the point. They won't have to fight it Bluetus Jan 17 #21

Biden is stirring up the conversation on making wnylib Jan 17 #23

Trump won't give it a minute's notice Bluetus Jan 17 #25

There's nothing for them to "shitcan" tritsofme Jan 17 #29

Even more basically, the Archivist has not accepted it Bluetus Jan 17 #48

The archivist sabbat hunter Jan 17 #54

Actually NARA DOES have an official role Bluetus Jan 17 #61

You think women's lack of equal standing before the law isn't one of the HUGE issues? LearnedHand Jan 18 #68

Health care and fair pay are economic issues Bluetus Jan 18 #70

Of course Trump will ignore it. And of course SCOTUS wnylib Jan 17 #49

But an important portion of the America Public hears this as sort of bookend to Biden's term... electric_blue68 Jan 17 #66

The facts don't support that Bluetus Jan 18 #67

It's all optics setting a narrative Macrophylla Jan 17 #31

This is the wrong hill to die on right now. Bluetus Jan 17 #52

I completely agree with repetition. Bluetus Jan 17 #64

The condescension from you is un necessary Macrophylla Jan 18 #69

There is nothing in the constitution sabbat hunter Jan 17 #53

Very true SickOfTheOnePct Jan 17 #58

On what grounds? The required number of states ratified it in 2020. JohnSJ Jan 17 #4

March 22, 1979 speak easy Jan 17 #7

The ABA argues the deadlines make no difference spooky3 Jan 17 #14

Well then it is settled MichMan Jan 17 #15

Truly, the ABA is actually the rulers. Igel Jan 17 #50

"The ABA argues ... speak easy Jan 17 #16

There is no role for SCOTUS in the constitutional amendment spooky3 Jan 17 #17

So the executive can simply declare an amendment ratified, speak easy Jan 17 #18

He has no formal role, either. He simply made a statement. spooky3 Jan 17 #28

... then who has standing? speak easy Jan 17 #34

The states ratified the ERA, according to the ABA. spooky3 Jan 17 #35

A State that has rescinded ratification will petition SCOTUS. speak easy Jan 17 #38

I guess we will see. Nt spooky3 Jan 17 #42

I am not looking forward to it. speak easy Jan 17 #44

Consider the TikTok case. Igel Jan 17 #51

There is a strong legal argument that rescinding a ratification is unconstitutional itself. Wiz Imp Jan 17 #63

So the American Bar Association, a private organisation, hath decreed it. We must bow low before our new rulers Seeking Serenity Jan 17 #57

Who claimed that? The point is that, contrary to what has been asserted in this thread, it spooky3 Jan 17 #62

SCOTUS SickOfTheOnePct Jan 17 #65

Often missing from the conversation is that Tribe has tried to pitch this to SCOTUS previously FBaggins Jan 18 #71

The American Bar Association is made up of lawyers RandomNumbers Jan 18 #83

The DOJ lawyers SickOfTheOnePct Jan 18 #85

"New Rulers" ?? Wow, you seem to have A LOT of antipathy to women RandomNumbers Jan 18 #84

You mean people like RBG when she said the process needed to start over? MichMan Jan 17 #19

There is role SickOfTheOnePct Jan 17 #24

Do you think there aren't any constitutional law experts who disagree with Tribe? onenote Jan 17 #32

Of course some may disagree, but it's not just Tribe; it's also the ABA. spooky3 Jan 17 #33

Many constitutional law scholars disagree with the second part of your statement. Wiz Imp Jan 17 #60

Dillon v. Gloss Shrek Jan 17 #22

Related case Shrek Jan 17 #45

And five of them rescinded n/t MichMan Jan 17 #12

Right. Importantly those rescissions occurred before the 38th state ratified. onenote Jan 17 #36

Apparently that would make a lot of people posting quite happy. I assume they never thought it would become law hlthe2b Jan 17 #5

I was a libertarian in the 1970s. speak easy Jan 17 #10

SCOTUS has do say on what is in edhopper Jan 17 #8

"SCOTUS has do say on what is or not in the Constitution" speak easy Jan 17 #9

Is there something in the Constitution edhopper Jan 17 #11

Is there something in the Constitution speak easy Jan 17 #13

I do realize edhopper Jan 17 #40

"SCOTUS decides which amendments ... " speak easy Jan 17 #27

Is there some thing in the Constitution that says the court can declare a law unconstitutional onenote Jan 17 #37

They can declare a law unconstitutional edhopper Jan 17 #39

They can interpret the provisions of the constitution that describe the amendment process. onenote Jan 17 #43

Sorry - that just doesn't make sense FBaggins Jan 18 #72

If the country adds a new Amendment edhopper Jan 18 #78

That isn't the question FBaggins Jan 18 #79

There's been quite a few developments re sex/gender. nolabear Jan 17 #20

I don't think they get the chance to do so. elleng Jan 17 #26

So the executive can declare an amendment to be ratified speak easy Jan 17 #30

Yes, they may do that edhopper Jan 17 #41

Only because the case won't make it to them FBaggins Jan 18 #73

I do hope that this withstands the legal challenges, but in this era I can hardly be confident fishwax Jan 17 #46

I agree SickOfTheOnePct Jan 17 #47

There isn't anything to challenge FBaggins Jan 18 #74

Not yet -- but there will be if any court makes a ruling that accepts the argument that the amendment is in effect fishwax Jan 18 #81

True enough - but that was actually my point FBaggins Jan 18 #86

Agree 100% n/t SickOfTheOnePct Jan 18 #87

Yep JustAnotherGen Jan 17 #55

It will have to get to the court first SickOfTheOnePct Jan 17 #59

Those supporting this position have to ask themselves why that didn't happen five years ago FBaggins Jan 18 #75

It will be a 9-0 decision by the SCOTUS Polybius Jan 18 #76

It will be hard to tell what the final vote is FBaggins Jan 18 #80

The problem with the ERA is that the congress put a time limit on it's ratification. Jacson6 Jan 18 #77

Time limit is a standard practice on amendments madville Jan 18 #82