Dear Senator:
WE THE PEOPLE HAVE SPOKEN.
The Constitution has been amended under Article V, and, as of January 27, 2022, the Equal Rights Amendment (“ERA”) is the 28th Amendment of our Constitution. We the People call upon you to adhere to your oath of office – to protect and defend the Constitution – and demand that President Biden direct the Archivist to publish the 28th Amendment.
By law, the Archivist of the United States must publish a new Constitution which includes the Equal Rights Amendment “forthwith” (1 U.S.C. § 106b) Yet, the US Archivist has refused to publish, first as result of the Trump Administration’s interference, now that of the Biden Administration.
On January 25th, Senators Blumenthal, Klobuchar and Cortez Masto and Representatives Maloney and Speier wrote to the Biden Administration and requested rescission of the prior Trump opinion to clear the way for publication of the ERA as required by law (“Congressional Letter”). To date, the Biden Administration has not responded to this straightforward request.
Instead, the Office of Legal Counsel issued an opinion, which appears to have been requested by the Biden Administration, focused on the timeliness of ratifications and Congress’ authority. Thereafter, the President deflected his Administration’s blatant undermining of the ERA and punted it back to Congress.
As noted in the Congressional Letter, as well as the Biden Administration’s opinion, the Judicial Branch, not the Executive Branch, is then tasked with wrestling with any issues of deadlines and rescissions.
Our Senators cannot idly stand by watching. Your oath requires you to demand that President Biden immediately instruct the Archivist to publish an updated Constitution that includes the ERA as the 28th Amendment and respects us all as citizens of equal stature. Below is a sample letter to the President to assist you in performing your duties.
Our democracy is under attack. Time is of the essence.
Sincerely,
REFERENCES
Trump Administration Opinion – https://www.justice.gov/olc/file/1232501/download
Congressional Letter https://www.blumenthal.senate.gov/imo/media/doc/125.22olceraletter.pdf
Biden Administration Opinion – https://www.justice.gov/olc/file/1466036/download
Biden Press Release – https://www.whitehouse.gov/briefing-room/statements-releases/2022/01/27/statement-from-president-biden-on-the-equal-rights-amendment/
SAMPLE LETTER TO PRESIDENT BIDEN
President Joseph R. Biden, Jr.
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500
Re.: IMMEDIATE PUBLICATION OF 28th AMENDMENT
Dear President Biden:
We respectfully request that your Administration take immediate action and direct the Federal Archivist (“Archivist”) to publish the Equal Rights Amendment (“ERA”) as the 28th Amendment of our Constitution.
Your Administration has ample executive authority to require the Archivist to perform his duties to provide clarity that the 28th Amendment is in effect and, after 100 years, that 167 million American women and girls now have constitutionally-guaranteed equality.
As set forth in greater detail in a January 25, 2022 letter from Senators Blumenthal, Klobuchar and Cortez Masto and Representatives Maloney and Speier (“Congressional Letter”), the ERA must be published immediately as all requirements of ratification have been satisfied (1 U.S.C. 106b). To date, the Biden Administration has not responded to this straightforward request.
Instead, the Biden Administration issued an opinion focused on timeliness of ratifications and Congress’ authority, despite acknowledging that the Judicial Branch, not the Executive Branch, is then tasked with wrestling with any issues of deadlines and rescissions.
Thereafter, you called upon Congress to do our jobs, and we are. There are bills in both chambers to make clear that the ERA is valid.
We ask the same of you. The 28th Amendment is currently the law of the land, and our Constitution must reflect that. Your oath requires you to instruct the Archivist to publish an updated Constitution that includes the ERA as the 28th Amendment and respects us Americans as citizens of equal stature.
Our democracy is under attack. Time is of the essence. The continued failure of your Administration to publish the ERA as the 28th Amendment, wrongfully undermines its validity and the now constitutionally-guaranteed rights of 167 million women and girls - giving the damaging and false perception that the ERA has not taken effect or is flawed. Making our jobs that much harder.
Sincerely,