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SickOfTheOnePct

(7,631 posts)

43. It's not

Sat Jan 18, 2025, 10:55 AM

Jan 18

a Constitutional Amendment at this point…President Biden saying it is doesn’t make it so.

The most likely scenario is that a woman who has been denied an abortion in a red state is going to file a lawsuit saying her rights under the 28th Amendment have been violated. At that point, the question of the validity of the ratification will be decided.

Currently SCOTUS precedent is that ratification deadlines imposed by Congress are valid. If that precedent stands, then there is no ratification and thus no 28th Amendment.

This will end up in the courts, it just remains to be seen whether it is a woman from the left or a man from the right who brings the case.

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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