Over these past weeks, I’ve read countless emails, sat through heated meetings, and heard the cries for action directed at President Joe Biden urging him to order the archivist to certify and publish the ERA in the Constitution. I understand the yearning for a decisive stroke. But this path, I believe, is a snare, tangled in legal thorns, dangerous and fraught with risk.
After careful study and consultation with leading constitutional experts, I am certain that Congress must pass joint resolutions to recognize the ERA and remove the arbitrary time limit.
His intervention could set off a chain reaction, handing ERA opponents an opportunity to challenge the amendment in court. A judicial gauntlet with Trump-appointed judges risks obliterating decades of progress, forcing us to begin again, clawing our way back through Congress, where a two-thirds vote is needed in the House and Senate, and three-fourths of state legislatures must ratify any new amendment.