Democratizing America’s Lawmaking Institutions: Why Feminists Should Stop Waiting for Congress and the Court

A feminist pro-democracy agenda must include new lawmaking institutions that can ensure our democracy is more inclusive, more democratic, more representative, and more responsive to the needs of all the people who call America home.

The past decade has brought two major failures of existing institutions to establish the basic requirements of non-patriarchal democracy: Congress’ failure to add the Equal Rights Amendment (ERA) to the U.S. Constitution and the Supreme Court’s failure to guard women’s constitutional right to control their reproductive lives. After calling out these outrages and trying to reverse them for years, it’s time for feminists to confront the deeper causes of these failures: the dysfunctional lawmaking institutions that were created by the Constitution over 200 years ago to govern the nation.

(This is part of a new miniseries FEMINIST 250: Democracy’s Feminist Future, a special Ms. series examining the next chapter of American democracy through a feminist lens. As the nation approaches its 250th anniversary, the series explores how women and marginalized communities have shaped democratic progress, what lessons history offers for the challenges ahead, and how a more inclusive, representative and equitable democracy can be built for the next 250 years.)

No Equality Without Paid Leave

The U.S. remains one of the only wealthy nations without a national paid leave program.

That failure has profound consequences for women’s economic security, caregiving responsibilities and ability to participate fully in public life: Every day, workers are forced to choose between caring for a new baby, recovering from illness or supporting a loved one and keeping a paycheck. Those impossible choices fall disproportionately on women, reinforcing gender inequities at work, at home and in civic life.

Paid leave is not simply a workplace benefit; it is a cornerstone of a more equitable democracy. When women are pushed out of the workforce, lose income or shoulder the overwhelming burden of unpaid care, they have less time, fewer resources and fewer opportunities to participate in their communities and shape public life.

Change is possible. States across the country have already demonstrated paid family and medical leave works, and overwhelming majorities of voters support it. If we are serious about creating a more inclusive future, guaranteeing paid leave for all workers must be part of the agenda. Women cannot be equal citizens without it.

(This is part of a new miniseries FEMINIST 250: Democracy’s Feminist Future, a special Ms. series examining the next chapter of American democracy through a feminist lens. As the nation approaches its 250th anniversary, the series explores how women and marginalized communities have shaped democratic progress, what lessons history offers for the challenges ahead, and how a more inclusive, representative and equitable democracy can be built for the next 250 years.)

A Case for Court Reform

For generations, Americans have expanded the meaning of “We, the People”—not because our institutions did it on their own, but because ordinary people demanded it.

From U.S. Rep. Barbara Jordan’s powerful reminder that the Constitution did not originally include everyone, to the hard-fought victories that secured civil rights, voting rights and reproductive freedom, our democracy has always depended on people pushing institutions to live up to their promises.

Today, the Supreme Court stands at the center of that struggle.

While courts remain an essential safeguard against abuses of power, public confidence in the Court has eroded amid ethics concerns, increasing politicization and decisions that have narrowed rights and weakened democratic protections.

If the Court is to serve as a guardian of liberty for future generations, it must be willing to change—through reforms that promote accountability, transparency and greater public trust.

As the nation marks its 250th anniversary, we should remember that our institutions are not fixed. The Constitution was designed to evolve, and the Court has changed before in response to the demands of the American people. Whether through term limits, stronger ethics rules or other structural reforms, the question is not whether the Court can change, but whether we will insist that it does.

A democracy that truly serves all of us depends on nothing less.

(This is part of a new series FEMINIST 250: Democracy’s Feminist Future, a special Ms. series examining the next chapter of U.S. democracy through a feminist lens. As the nation approaches its 250th anniversary, the series explores how women and marginalized communities have shaped democratic progress, what lessons history offers for the challenges ahead, and how a more inclusive, representative and equitable democracy can be built for the next 250 years.)

For the People: The Case for a Cabinet-Level Department of Democracy

For 250 years, women and marginalized communities have fought to expand democracy, yet the institutions of government still were not designed with their full participation in mind. That is why I propose a Department of Democracy: an independent, permanent institution dedicated to protecting voting rights, safeguarding civic participation and holding government accountable to the people it serves.

Just as the federal government maintains departments devoted to national defense and economic stability, it should establish a Department of Democracy with the authority to enforce voting rights protections, monitor threats to democratic participation and ensure every citizen has meaningful access to the ballot box. The goal is not to navigate a flawed system, but to redesign and strengthen democracy so it reflects the people who have always sustained it.

Through a Department of Democracy, we can build a durable safeguard against democratic erosion and create a government that is more representative, responsive and accountable for the next 250 years.

(This is part of a new miniseries FEMINIST 250: Democracy’s Feminist Future, a special Ms. series examining the next chapter of American democracy through a feminist lens. As the nation approaches its 250th anniversary, the series explores how women and marginalized communities have shaped democratic progress, what lessons history offers for the challenges ahead, and how a more inclusive, representative and equitable democracy can be built for the next 250 years.)

Join Ms. Magazine and Get Our Landmark FEMINIST 250 Print Issue for This Pivotal Moment in American History

As the U.S. prepares to mark its 250th birthday on July 4, 2026, questions loom over the celebration: Whose America gets remembered, whose gets erased—and how do we imagine and build a democracy that includes all of us? 

In the Summer issue of Ms., we revisit the nation’s founding through a feminist lens, reclaiming the stories too often left out of the official narrative: women who challenged the authors of the Declaration of Independence and later the U.S. Constitution for deliberately writing women out of America’s founding documents, Black women who resisted oppression from the start, Indigenous societies built around women-led governance, queer lives in revolutionary America, Asian women’s struggles for belonging and the long fight to make disability visible in our history.

We also look back at 54 years of feminist reporting from the pages of Ms.—proof that the battles for bodily autonomy, equality and democracy did not begin yesterday—and forward to the bold new ideas that could shape a freer, fairer future for the next 250 years.

Get a year of Ms. for just $20 (a 43 percent discount off our usual price) when you join today!

Feminist Lessons from 2020 to Present: The Fight for Democracy Is Far From Over

The decade opened amid a pandemic, economic upheaval and a reckoning over democracy itself.

In early 2020, Virginia became the 38th state to ratify the Equal Rights Amendment, seemingly bringing a nearly 50-year constitutional struggle to a historic milestone.

Yet within months, COVID-19 exposed the deep inequalities that feminists had long warned about. Millions of women—especially women of color—lost jobs, left the workforce to shoulder caregiving responsibilities or found themselves on the front lines of a public health crisis. As the country debated recovery, feminists argued that the economy itself was built on the underpaid and often invisible labor of women.

At the same time, Kamala Harris became the first woman and first woman of color elected vice president, while President Joe Biden assembled the first gender-balanced Cabinet and later appointed Ketanji Brown Jackson as the first Black woman justice on the Supreme Court.

Then came Dobbs. In June 2022, nearly 50 years after Roe v. Wade, the Supreme Court overturned the constitutional right to abortion, triggering bans and severe restrictions across much of the country. Clinics closed, patients traveled hundreds of miles for care, and pregnancy criminalization accelerated.

The decision was not an isolated event but part of a broader wave of attacks on reproductive rights, LGBTQ+ rights, voting rights and democratic institutions themselves. As Ms. observed throughout the decade, the same forces seeking to control women’s bodies were also working to restrict participation in a multiracial democracy.

Yet even as rights were rolled back, women continued to build political power. The number of women serving in Congress and state legislatures reached record highs, the gender gap remained a decisive force in elections, and support for feminist priorities—including abortion rights and the ERA—continued to grow.

The lesson of the 2020s is both sobering and hopeful: Progress is never permanent, but neither is backlash. Every generation inherits unfinished struggles, and the future of democracy depends on whether people are willing to organize, participate and fight for the freedoms they refuse to lose.

This essay is part of Feminist Lessons—part 2 of Ms.’ our three-part FEMINIST 250 project—which explores what each decade of modern feminist history can teach us about power, democracy, backlash and social change.

Feminist Lessons from the 2010s: When Millions Refused to Go Back, Feminists Turned Backlash Into Power

The 2010s began with a burst of feminist victories that seemed to signal a new era.

Barack Obama signed the Lilly Ledbetter Fair Pay Act, appointed Sonia Sotomayor and Elena Kagan to the Supreme Court, and signed the Affordable Care Act into law. For millions of women, the ACA transformed healthcare almost overnight: Insurers could no longer charge women more than men, deny coverage because of a previous C-section or experience of domestic violence, or exclude maternity care. Contraception, well-woman visits, breastfeeding support and other preventive services became available without out-of-pocket costs, saving women billions of dollars.

Meanwhile, the administration strengthened protections for survivors of sexual assault, expanded support for Indigenous, immigrant and LGBTQ survivors of violence, and advanced women’s rights globally.

But beneath those gains, another story was unfolding. State lawmakers introduced hundreds of abortion restrictions, anti-choice politicians targeted contraception and family planning programs, and Republicans repeatedly attacked the very policies feminists had fought to secure.

Then came the political earthquake of 2016. Hillary Clinton became the first woman nominated for president by a major political party, only to lose to Donald Trump after one of the most openly misogynistic campaigns in modern history.

Within months, Trump reinstated the global gag rule, undermined reproductive healthcare programs, rolled back Title IX protections and began reshaping the federal judiciary with far-right judges whose influence would last for decades.

Yet the defining story of the decade was not the backlash itself—it was the response. Nearly 6 million people joined Women’s Marches in 2017, making them the largest single-day protest in U.S. history at the time. Survivors launched the #MeToo movement into a global reckoning over sexual harassment and abuse. Women flipped 40 House seats in the 2018 midterms, revived the Equal Rights Amendment campaign and elected record numbers of women to office.

The lesson of the 2010s is that backlash can become fuel. Faced with escalating attacks on their rights, millions of feminists refused to go back—and instead transformed resistance into political power.

This essay is part of Feminist Lessons—part 2 of Ms.’ our three-part FEMINIST 250 project—which explores what each decade of modern feminist history can teach us about power, democracy, backlash and social change.

Feminist Lessons from the 2000s: The Power of a Feminist Majority

The 2000s opened with a contradiction: Feminist ideas had never been more popular—polls found that overwhelming majorities of women and substantial majorities of men agreed with the basic definition of feminism—yet conservatives controlled Washington and were steadily advancing restrictions on reproductive freedom.

George W. Bush entered the White House and immediately reinstated the global gag rule. Congress passed the first federal abortion ban since Roe v. Wade. Abstinence-only sex education received a flood of federal funding. And feminists watched nervously as Bush filled Supreme Court vacancies, aware that the future of abortion rights could hinge on those appointments.

Meanwhile, Ms. and the Feminist Majority Foundation joined forces, combining journalism and organizing at a moment when both would be needed.

The human consequences of these policies were impossible to ignore. Women like Martha Mendoza, who lost a wanted pregnancy at 19 weeks, found themselves trapped by abortion restrictions that limited doctors’ ability to provide care.

At the same time, feminists were building one of the largest movements in the country. In April 2004, more than 1 million people flooded the National Mall for the March for Women’s Lives, carrying signs, chanting “This is what democracy looks like!” and demanding protection for reproductive freedom.

Two years later, Ms. revived its historic “We Have Had Abortions” petition, first published in 1972, gathering hundreds of new signatures in defiance of mounting attacks on abortion rights.

Yet the decade also demonstrated the power of a movement that had become a cultural majority. Feminists helped secure over-the-counter access to emergency contraception, elected the first woman Speaker of the House in Nancy Pelosi, and delivered a decisive gender gap victory for Barack Obama in 2008.

By the end of the decade, the White House had once again rescinded the global gag rule and expanded support for reproductive healthcare.

The lesson of the 2000s is that public support alone is not enough—but it matters. Even when political institutions lag behind public opinion, a determined majority can organize, mobilize and lay the groundwork for transformative change.

This essay is part of Feminist Lessons—part 2 of Ms.’ our three-part FEMINIST 250 project—which explores what each decade of modern feminist history can teach us about power, democracy, backlash and social change.

Feminist Lessons From the 1990s: How Women Became a Political Force

The 1990s began with feminists determined not to surrender the ground they had fought for in the Reagan era—and almost immediately, the stakes became impossible to ignore.

In October 1991, millions of Americans watched Anita Hill testify before an all-male Senate Judiciary Committee about sexual harassment allegations against Supreme Court nominee Clarence Thomas. Outside the hearing room, seven women members of Congress marched to the Senate in protest. Inside living rooms across the country, conversations about workplace harassment that had long been dismissed or ignored suddenly became national news.

When Thomas was confirmed anyway, many women responded not with resignation, but with political action.

The result was the 1992 “Year of the Woman.” At the start of the decade, only two women served in the U.S. Senate. Then voters elected four new women senators in a single election cycle, including Carol Moseley Braun, the first Black woman ever elected to the Senate. Women candidates flooded congressional races, and women voters helped decide the presidential election.

Once in office, this new generation of lawmakers translated representation into policy, championing landmark legislation including the Family and Medical Leave Act, the Violence Against Women Act and the Freedom of Access to Clinic Entrances Act.

Women also won expanded investments in women’s health and services for survivors of violence, while Ruth Bader Ginsburg joined the Supreme Court and women entered Cabinet positions in unprecedented numbers.

Yet the decade’s gains unfolded alongside mounting threats. Antiabortion violence escalated, with clinic bombings, arsons and murders targeting providers and staff. Conservative media figures like Rush Limbaugh built audiences by mainstreaming misogyny and resentment, helping create the foundation for today’s right-wing media ecosystem.

But despite those forces, feminism entered the mainstream: By the mid-1990s, large majorities of both women and men identified with feminist values.

The lesson of the 1990s is that political power matters. When women organize, vote, run for office and govern, they do more than change who holds power—they change what government can accomplish.

This essay is part of Feminist Lessons—part 2 of Ms.’ our three-part FEMINIST 250 project—which explores what each decade of modern feminist history can teach us about power, democracy, backlash and social change.

Feminist Lessons From the 1980s: Why Every Movement Faces Backlash

The 1980s opened with a sense of uncertainty for feminists. Just years after the Supreme Court’s Roe v. Wade decision, the passage of Title IX and the near-ratification of the Equal Rights Amendment, Ronald Reagan swept into office backed by a newly energized religious right determined to reverse many of the gains women had won in the previous decade.

Across the country, antiabortion activists organized at the state level, the ERA’s ratification deadline expired, and conservative leaders framed feminism itself as a threat to American values. What had felt like a period of rapid progress in the 1970s suddenly gave way to a fierce political and cultural backlash.

The decade was marked by escalating attacks on reproductive freedom. Reagan expanded antiabortion policies, implemented the global gag rule and sought to further entrench the Hyde Amendment’s restrictions on abortion funding. Meanwhile, antiabortion extremists targeted clinics and providers with bombings, assaults and intimidation campaigns.

Throughout the decade, Ms. documented the real-world consequences of these policies, particularly for poor women and women of color, while warning that the fight over abortion was fundamentally about women’s autonomy, equality and power.

Yet the 1980s were also a decade of feminist resilience. Women identified an emerging gender gap in voting patterns, rallied behind Geraldine Ferraro’s historic vice presidential campaign and reintroduced the Equal Rights Amendment year after year.

By the decade’s end, a majority of women—and two-thirds of younger women—identified as feminists.

The lesson of the 1980s is that backlash is often a sign of a movement’s success. Faced with powerful opposition, feminists did not retreat. They adapted, organized and laid the groundwork for the political breakthroughs that would follow in the decades ahead.

This essay is part of Feminist Lessons—part 2 of Ms.’ our three-part FEMINIST 250 project—which explores what each decade of modern feminist history can teach us about power, democracy, backlash and social change.