Activists Seek To End Run Federal Courts on ERA Revival

Aim is to get United States archivist to declare the amendment ratified despite deadline having passed long ago.

AP/Scott Applewhite, file
Gloria Steinem of the National Organization for Women at an Equal Rights Amendment rally at Washington on July 4, 1981. AP/Scott Applewhite, file

There is an extraordinary constitutional theory now circulating among millions of Americans, propagated by well-funded advocacy groups, many elected officials, and even some publications such as the New York Times, the Atlantic, and NPR.

The claim is that it would require only a single phone call from President Biden to the Archivist of the United States to forever enshrine the Equal Rights Amendment into the U.S. Constitution. Didn’t the ERA, though, famously fail to win ratification, a long time ago?

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