Archivist says Equal Rights Amendment can’t be certified as Democrats push Biden to recognize it

WASHINGTON — In a rare joint statement, the archivist and deputy archivist of the United States said Tuesday that the 1970s-era Equal Rights Amendment cannot be certified without further action by Congress or the courts, as Democrats press President Joe Biden to act unilaterally on its ratification before he leaves office next month. Court decisions at both the District and Circuit levels have affirmed that the ratification deadlines established by Congress for the ERA are valid.” They added: “Therefore, the Archivist of the United States cannot legally publish the Equal Rights Amendment. Sen. Kirsten Gillibrand, who is leading the effort among Democrats in the Senate, insisted in a statement that the archivist’s analysis was flawed and said she was “wrongfully inserting herself into a clear constitutional process, despite the fact that her role is purely ministerial.” She encouraged Biden to ignore the OLC memo and certify the ERA anyway. White House spokesperson Kelly Scully said: “President Biden has been clear that he wants to see the Equal Rights Amendment definitively enshrined in the Constitution.” “Senior Administration officials have and will continue to engage with key Congressional leaders and other stakeholders on this issue in the weeks ahead,” she added.