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Good evening Common Ills, we are gaining momentum in the fight to have the Equal Rights Amendment recognized as having been ratified. Chairwoman Carolyn Maloney of the Congressional Oversight and Reform Committee just sent out a stunning historical Press Release on the 50th anniversary of Congress approving the ERA and sending it to the States for ratification. The Press Release includes new analyses from prominent legal scholars that conclude the ERA is ratified.
It is time for the Archivist to carry out his statutory duty to certify and publish the ERA as the 28th Amendment to the Constitution. Leading Constitutional Scholars agree that the ERA is ratified AND valid and the timeline in the preamble, which the states did not vote on, is advisory and not binding. The National Archivist, David Ferriero, once notified that the 38th state (Virginia) had ratified, should have certified and published the ERA. Instead, he incorrectly asked the advice of the Trump Administration Office of Legal Counsel and was told not to certify and publish. While the Biden/Harris Administration Office of Legal Counsel has since issued an official opinion that the 2020 OLC directive is NOT an obstacle for Congress or the Courts to act on the ratification of the Equal Rights Amendment, the National Archivist has yet to certify and publish the ERA. And further — there is no historical example of enforcing preamble deadlines like the one contained in the proposing resolution for the ERA! The National Archivist MUST certify and publish because he has been notified of the 38th state’s ratification. Mr. Archivist, certify and publish the ERA. No amendment that has cleared Article V’s two high bars has ever been excluded from the published Constitution — until now. We need your help right away to urge National Archivist David Ferriero to take immediate action now — before he retires in April. Tell him the ERA is valid and has met all Constitutionally defined terms to become the 28th Amendment of the United States. He must certify and publish NOW! It’s shameful that two decades into the 21st century, the U.S. Constitution still does not formally recognize the full equality of more than half our population. We know that grassroots movements like ours are a necessary force for justice. The obstacle of the Trump Administration's opinion has been set aside. It is time, long overdue, for the National Archivist to certify and publish the ERA as the 28th Amendment to the US Constitution. Please take immediate action now. Together, we will secure equality — in the highest law of the land, The US Constitution — once and for all. For equality,
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![Quote from Carolyn Maloney, representative from New York and Chairwoman of the House Committee on Oversight and Reform: “Women and people of all marginalized genders across the United States continue to experience discrimination on the basis of sex. The only way to ensure true and equal protection under the law is to cement the ERA into the U.S. Constitution… I urge [the Archivist] to carry out your ministerial duty under the law without delay…”](https://ecp.yusercontent.com/mail?url=https%3A%2F%2Fnvlupin.blob.core.windows.net%2Fimages%2Fvan%2FFEMAJ%2FFEMAJ%2F1%2F84962%2Fimages%2FFMF-Phase12-Email12-min.png&t=1648682756&ymreqid=e39833aa-a0f4-8bd8-1ce9-d20004017200&sig=6uPTm3Mwh6ZmFXZykdvOIg--~D)
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