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DOJ Opinion Confirms ERA’s Rotting Corpse, Again

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Penny Nance, CEO and President of Concerned Women for America (CWA), the largest public policy organization for women in the country, had this to say regarding the Office of Legal Counsel’s January 26, 2022, opinion regarding the ratification of the Equal Rights Amendment:

“The Equal Rights Amendment (ERA) is dead. Its rotting corpse confirmed by the Office of Legal Counsel (OLC) itself in a 2020 opinion that concluded Congress had the constitutional authority to impose a deadline for its ratification, and that, having failed to be ratified by the required number of states as the deadline expired, ‘the ERA is not part of the United States Constitution and the Archivist of the United States may not certify it as such.’

“OLC admitted that ‘Congress has no further role in the ratification process and therefore lacks authority to modify the original deadline.’

“OLC agreed with the late liberal icon Justice Ruth Bader Ginsburg who famously admitted the ERA was dead and the process needed to start over.

“Nothing has changed.

“Except that Joe Biden is President now, and he is tanking in the polls at the moment. So, the U.S. Department of Justice (DOJ), led by Merrick Garland, fresh out of comparing parents to terrorists for protesting at school board meetings, has decided to issue a hilarious opinion affirming everything they had said about the ERA being dead while still nonsensically saying others could act.

“‘[T]he OLC Opinion is not an obstacle either to Congress’s ability to act … or to judicial consideration,’ it says.

“Insert a laugh-out-loud emoji, please. Sure, OLC says, Congress can always ignore the Constitution and the plain reading of the amendment.

“A day later, like a kid whose parents told him he can do anything because he is the most fabulous kid in the world, President Biden called on Congress to take on the ERA, though he is not specific on what they are supposed to do. Which makes sense, since there is nothing they can do.

“These are mere theatrics to project that they are fighting for women, when in fact, women do not want or need the ERA. Women have seen the practical effects of the left’s idea of “equality,” with men erasing our accomplishments in women’s sports competitions and putting women at risk in what are supposed to be women-only protected spaces, like shelters and women’s prisons.

“No thanks. We do not need the ERA to be equal. We are equal. They better learn to deal with it.”



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