Collage photo below is from Equal Means Equal’s https://FinalImpact.org for the ERA Campaign. See how to submit your photo and to create a local action at the website.

#MakeTheCallJoe #PublishTheERA!

President Biden: STOP BLOCKING WOMEN’S EQUALITY!

Here’s the RAW TRUTH: President Biden has the legal authority and the Constitutional Duty to direct the U.S. Archivist to publish the federal Equal Rights Amendment as the 28th Amendment NOW.

Biden has failed to take care to enforce 1 U.S. Code §106b (https://www.law.cornell.edu/uscode/text/1/106b), which gives the Archivist a mandatory, non-discretionary duty to publish all Amendments that have been ratified by ¾ of the states. The #ERA WAS FULLY-RATIFIED on 1/27/2020, but Trump’s Dept of Justice (“DOJ”) issued an incorrect Office of Legal Counsel (“OLC”) Opinion blocking the Archivist from publishing the ERA. (See my 1/28/24 post in my ERA Legal Blog at the QR code for all the legal proof “RECEIPTS” and a new draft Executive Order at Endnote 10).

As far as I know, I am the first person that argued publicly the legal theory that the President has a CONSTITUTIONAL DUTY to PUBLISH THE ERA, based upon his affirmative “Take Care” duty under Article II, § 3 (https://www.law.cornell.edu/constitution-conan/article-2/section-3/overview-of-the-take-care-clause), to PUBLISH THE ERA, because the President has a duty to “Take Care” that all the laws be faithfully executed, which means carried out or enforced. The law that the President is legally bound to carry out is 1 USC §106b, noted above.

If anyone knows of someone who came up with this legal theory before October, 2021, please email me the citation or link - one would think Biden’s White House Counsel would have realized that before he even established the Gender Policy Council [with an executive order on March 8th, 2021, the first policy paragraph of which I used verbatim in my draft EO for him to use to direct the Archivist to #PublishTheERA]! (& we, ERA activists, naively thought Biden was going to Publish the ERA on that first International Women’s Day!).

If you go back to my October 8, 2021 blogpost in this, my ERA Legal Blog, you will see that I wrote my first draft of an Executive Order (“EO”) for President Biden to use to #PublishThe ERA. [My most recent update of that EO is here https://acrobat.adobe.com/id/urn%3Aaaid%3Asc%3AUS%3A8c6d5149-f3c3-47b1-9e03-e3f6f6258670/?filetype=application%2Fpdf].

I drafted that EO shortly after I spoke at the October 3, 2021 national #WomensMarch in Asheville, NC (https://acrobat.adobe.com/id/urn:aaid:sc:US:2c9f2db5-9d95-4ad6-8c95-054018899ab7). In my speech, I explained that President Biden, in his 2020 election’s Agenda for Women, acknowledged that the ERA had been fully ratified by 3/4 (38) states, on 1/27/2020, the date Virginia became the last state to ratify it (https://www.presidency.ucsb.edu/documents/biden-campaign-press-release-the-biden-agenda-for-women). In it, he also promised to see the ERA “enshrined in the Constitution,” which means PUBLISHED as the 28th Amendment. So, women’s rights advocates, believed he was telling the truth and he would do that immediately, as he said women’s rights were a top priority for his 2020 campaign. That’s why about 47 MILLION WOMEN VOTED FOR PRESIDENT BIDEN AND VP KAMALA HARRIS!

Yet, HE DID NOT DO IT! At the time we thought he could (and he can!) override the incorrect 1/6/20 OLC Opinion used by Trump, via his AG Bill Barr, to BLOCK the publication of the ERA immediately after Virginia ratified. Then we were led to believe he wanted to wait until his own Attorney, General, Merrick Garland, was installed at the Department of Justice, which happened in the Spring of 2021, but then BIDEN STILL DID NOT DO THAT AND HE DID NOT HAVE THE ARCHIVIST (also part of the Executive Branch) PUBLISH THE ERA.

At that time, there were still two federal lawsuits (by women) - Equal Means Equal, et al. v. Ferriero (the Archivist) [in the First Circuit] and (the last three states to ratify the ERA, in 2020, 2018 & 2017, respectively) Virginia, Illinois and Nevada v. Ferrero [in the D.C. Circuit], both seeking to have a Court order the Archivist to publish the ERA. BIDEN HAD HIS DOJ CONTINUE TO FIGHT AGAINST PUBLICATION OF THE ERA IN BOTH FEDERAL CASES, until June 29, 2021 and February 28, 2023, respectively, both sets of plaintiffs having been found to lack legal standing to bring their lawsuits. President Biden is the head of the entire EXECUTIVE BRANCH of our government.

Moreover, Biden has a MORAL DUTY to STOP USING this post-Dobbs trauma (which he called a “nightmare” on June 24, 2024, in his speech on the 2nd anniversary of Dobbs, as he put the full blame on Trump) JUST TO GAIN VOTES and money. #MakeTheCallJoe!

Stop gaslighting American Women with promises to “Codify Roe” when you would have to FIRST #PublishTheERA just for Congress to have the textual Constitutional basis to promulgate that legislation! The ERA, by implication, also provides a Fundamental Right to Reproductive Choice. Yes, the Biden Administration has known Biden had the last clear chance to save Roe since before Dobbs came down (See RECEIPTS in my 1/28/24 post. https://arlainerockey.com/equal-rights-for-women/ougnfd4xa6x1oz1k1js72f5fffxjwg).

If Biden publishes the ERA now, he will be issuing the second most important Executive Order in our history, because HE WILL BE MAKING WOMEN LEGAL EQUAL CITIZENS for the first time!

It will also make LGBT people equal citizens (due to the Bostock reasoning). It will be an EQUALITY PROCLAMATION. The ERA will save lives and livelihoods immediately because with strict scrutiny, people will have about a 70% chance of overturning discriminatory laws, which means they will also get stays right away. The ERA is the textual basis that Alito said in Dobbs did NOT exist in our Constitution.

Publishing the ERA PROMOTES #Democracy because there is no Democracy when over 51% of our population are literally second-class citizens and because the ERA can be used to STOP post-Dobbs Fascist laws and to overturn Dobbs!

If you agree the President should publish the ERA immediately, spread the word FAST and WIDE. I think the statistics prove he would win the popular vote with a landslide! #GratitudeSurpassesFear

THE TIME TO FIX THIS HANDMAIDS’ HELL IS NOW!

Join EqualMeansEqual.org. Donate.
Look at FinalImpact.org online art auction, attend the NYC FOCUS Art Fair VIP events this Wednesday & Thursday 5/8/24 & 5/9/24.
Amplify #BidenPublishERA on social media
Write Opinion pieces. Talk on podcasts and all media!
Use the Dobbs Anniversary 6/24/24 Women’s Strike as a vehicle to DEMAND #BidenPublishERA!
Call on all your friends, reach out to the media, the Administration and the Campaign & ask them to tell Biden to stop allowing this catastrophe to continue and to stop using victims of the abortion bans as props!
Read my previous blogpost for all the RECEIPTS and for other actions you can take now to push Biden to PUBLISH THE ERA!

PRESIDENT BIDEN:

Time’s Up! ⌛️

PUBLISH THE ERA!

ERA Attorney Arlaine Rockey on the ERA 5-5-24 at the Unitarian Universalist Church of Swannanoa Valley in Black Mountain, NC.

Starts at 36 min, although entire service is excellent, about equality for women and protecting children.

https://www.youtube.com/live/qjPgk3MVQLI?feature=shared

The resolutions in the Declaration of Sentiments adopted at the first Women’s Rights Convention at Seneca Falls, NY, 1848. Includes demanding the right to vote for women and Equal Rights for women.

https://acrobat.adobe.com/id/urn:aaid:sc:US:e92969f1-5b0f-4545-9ae0-df4073f17a86

Here’s our Opinion piece in the Daily Kos and a post with it. Please copy and disseminate it on your social media:

#BIDEN can ONLY get+10% 4 WIN is if @POTUS does his “Take Care” Const’l DUTY to #MakeTheCallJoe to Archivist & tell her to #PublishTheERA #ERA is Only Way 2 SAVE🏳️‍🌈#LGBTQ #ReproRights &END #Dobbs & #AbortionBans @EqualMeansEqual 📖👇🏽#GratitudeSurpassesFear https://www.dailykos.com/stories/2024/6/22/2247983/-PUBLISH-THE-ERA-JOE-WOMEN-S-LIVES-AND-LIVELIHOODS-ARE-AT-STAKE-AS-IS-DEMOCRACY

Here’s me speaking briefly on Dobbs’ 2nd Anniversary outside the NC General Assembly (state legislature) in Raleigh.

https://www.wral.com/video/nc-group-marches-for-reproductive-rights-in-raleigh-2-years-after-roe-vs-wade-reversal/21496842/

I start at min. 12:32.

Here’s a recent ERA article in The Daily Beast — Biden Admin had “no comment” on his failure to publish the ERA — all 3rd party candidates have promised to publish the ERA:

https://ca.news.yahoo.com/could-rfk-jr-gambit-cause-084625143.html

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HAVE YOU HAD ENOUGH WORRYING YET?