The Most Absurd “Solution” to America’s Assault on Women
SlateIn 1972, Congress passed the Equal Rights Amendment by a two-thirds vote and gave the states until 1979 to approve it. One week earlier, senators pressed Colleen Shogan—President Joe Biden’s nominee to replace the current archivist—on whether she would declare the ERA to be legitimately ratified. Proponents of the amendment are also upset that the Biden Administration is taking the same slightly technical position that Donald Trump’s did: The archivist cannot certify the ERA without confirmation from either a federal court or Congress. The disappointment is, on some level, understandable: Those supporting the ERA’s resuscitation argue that it is the solution to our current political horrors—that the amendment could protect a national right to abortion and contraception, enshrine LGBTQ equality, and justify federal legislation protecting women from domestic violence, wage discrimination, and more. What we find befuddling is the fact that any progressive in 2022 could still believe that the current federal judiciary would greenlight ratification—or that the ERA’s ratification would matter to the federal judiciary.