General Discussion

valleyrogue

(1,362 posts)

36. Prof. Tribe is one of, if not THE, leading constitutional experts in the United States.

Sat Jan 18, 2025, 10:33 AM

Jan 18

He was fighting on behalf of ERA long before many of you were even born.

He knows what he is talking about.

There is NO provision to "rescind" a constitutional amendment already ratified by a state legislature. NONE. It is a meaningless action.

There are NO "time limits" in the Constitution that are binding. I blame the media at the time for peddling complete misinformation about a nonbinding action by Congress.

The USSC CANNOT "repeal" or "overturn" a constitutional amendment. The USSC INTERPRETS the Constitution; it cannot repeal an amendment. That is the job of Congress and the state legislatures.

Only 3/4 of Congress and 3/4 of state legislatures can overturn a constitutional amendment. Case in point: Prohibition.

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Quiet Em

65 replies

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Highlight:

Laurence Tribe - The Equal Rights Amendment at Long Last [View all] Quiet Em Jan 17 OP

Oh, I was waiting to hear from Laurence Tribe. Thank you! Of course the GD MAGATS will take it to court but... hlthe2b Jan 17 #1

Yes, decades past due. Quiet Em Jan 17 #2

They won't take it to court FBaggins Jan 17 #10

You obviously did NOT read Tribe's full assessment. hlthe2b Jan 17 #11

I read enough to know that it wasn't going anywhere FBaggins Jan 17 #14

When you can demonstrate you have a resume even 10% as strong as Laurence Tribe's as a constitutional expert Wiz Imp Jan 17 #20

You do know that "appeal to authority" is a logical fallacy, right? FBaggins Jan 17 #27

Post removed Post removed Jan 17 #31

RBG didn't comment on Biden's opinion (not action) from the grave FBaggins Jan 17 #32

SMH Wiz Imp Jan 17 #33

Thx for giving us Lawrence Tribe. At long last this morning, a post about ERA that makes sense Hekate Jan 17 #3

You are very welcome. Quiet Em Jan 17 #6

Prof. Tribe KNOWS this issue in and out. He was there in the trenches during the 1970s valleyrogue Jan 18 #37

My mother, God rest her soul, is smiling down on this! Sogo Jan 17 #4

Mine too. Wicked Blue Jan 17 #16

Excellent. Historic and excellent! BoRaGard Jan 17 #5

I'm sure insecure magats will be rushing to the scotus, screaming and crying, hair on fire SheltieLover Jan 17 #7

USSC can't undo a constitutional amendment. There is no provision for it. valleyrogue Jan 18 #38

It's not SickOfTheOnePct Jan 18 #43

I doubt it will be Republicans that take this to court SickOfTheOnePct Jan 17 #8

Already LGBTQ activists on TicTok and IG DeepWinter Jan 17 #9

Wow. That's just silly rollin74 Jan 17 #12

That misinformation is meant to be divisive of the Left ... Think. Again. Jan 19 #59

Can't remember the last time Tribe got one right FBaggins Jan 17 #13

He has been on the winning side multiple times, but he has also been on the losing side as well MichMan Jan 17 #19

Completely different situations Wiz Imp Jan 17 #21

The ruling in the Colorado case was 9-0. MichMan Jan 17 #22

Not quite what you're making it out to be. Wiz Imp Jan 17 #29

Which is my very point FBaggins Jan 17 #24

He didn't lose period. He didn't argue before the court. Wiz Imp Jan 17 #30

Trust me, Repugs will fight to remove all of women's rights... those we have left that is NotHardly Jan 17 #15

Long past time, indeed mcar Jan 17 #17

Removing is just as hard as passing. paleotn Jan 17 #18

At this point madville Jan 18 #34

Wrong. There was NO "official" deadline by Congress. valleyrogue Jan 18 #40

He's certainly entitled to his opinion madville Jan 18 #44

It will NEVER happen. valleyrogue Jan 18 #39

In Tribe's point of view, can a state start by opposing ratification, which would then prevent it always? muriel_volestrangler Jan 17 #23

As of January 2020, 38 States, 3/4 fourths, have ratified the ERA Quiet Em Jan 17 #25

That doesn't answer my question, though. muriel_volestrangler Jan 17 #26

Yes. It can't be undone. There is NO provision in the Constitution for it. valleyrogue Jan 18 #42

No, I mean can a state's vote to NOT ratify be undone by a later vote to ratify? muriel_volestrangler Jan 18 #45

Of course they can change it there. They didn't ratify in the first place. valleyrogue Jan 19 #60

So you support a mechanism to pass amendments that even a majority never support at a given time? muriel_volestrangler Jan 19 #64

It is not constitutional to "rescind" a ratification. Only 3/4 of Congress and legislatures can repeal an amendment. valleyrogue Jan 18 #41

Which states SickOfTheOnePct Jan 19 #65

Assuming the current S. Ct. accepted Tribe's line of reasoning snot Jan 17 #28

The USSC can't overturn a constitutional amendment. valleyrogue Jan 18 #56

You keep spreading false information about NOW v Idaho, why? tritsofme Jan 18 #57

Tribe knows what he is talking about. valleyrogue Jan 18 #35

Prof. Tribe is one of, if not THE, leading constitutional experts in the United States. valleyrogue Jan 18 #36

The important thing to note about the "time limit." valleyrogue Jan 18 #46

So that settles it! Polybius Jan 18 #47

It's not just Laurence Tribe. Quiet Em Jan 18 #49

I think it will be 9-0 Polybius Jan 18 #50

There is no way anyone would be open to allowing States to rescind an amendment. Quiet Em Jan 18 #51

It actually wouldn't cause any issues SickOfTheOnePct Jan 18 #52

As long as it's before the Amendment is ratified, what's the big deal? Polybius Jan 18 #55

Yep SickOfTheOnePct Jan 18 #53

I think Laurence Tribe answered the question about the time limit and why Congress didn't do anything. valleyrogue Jan 18 #48

You should probably read that case SickOfTheOnePct Jan 18 #54

Statement of President Joe Biden on the Equal Rights Amendment LetMyPeopleVote Jan 18 #58

The "readers added context" part is a complete and total LIE. valleyrogue Jan 19 #61

I'm afraid it is you who is spreading misinformation right now. tritsofme Jan 19 #63

Thinking this through further... snot Jan 19 #62