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ERA Legal Blog

The legal & political battle to have Pres. Biden do his Constitutional Duty to direct the Archivist to publish the ERA as the 28th Amd.

ERA SENTINELS PROTEST at DOJ

I’m seriously incredulous (and LIVID) that over 45 million women voted for Pres. Biden and VP Harris (a feminist, I believe), who explicitly CLAIMED in writing that they SUPPORT WOMEN’s RIGHTS, yet we have it on extremely reliable authority that Biden REFUSES to do anything to cause the U.S. Archivist to do his legally mandated job and PUBLISH the ERA in the Constitution as the 28th Amendment because it’s too “political” — despite the FACT that the only reasons that the Archivist has not published the ERA is because 1) the Trump/Barr Dept. of Justice (“DOJ”) wrote the incorrect OLC Opinion that told the Archivist he couldn’t publish the ERA, and 2) the DOJ TO THIS DAY continues to forcefully argue those ANTI-ERA legal arguments in both federal lawsuits trying to get a Court Order telling the Archivist to publish the ERA!  (Faulkner, take that!).

So, what’s a girl to do? We have Twittered ourselves into a flitter. We have pressed the Press to cover this atrocity, that imo is far worse than what the DOJ did promoting Trump/Barr’s policies regarding Lafayette Square in violation of the First Amendment. 

The vast majority of Americans have no idea that Biden’s DOJ is ACTIVELY FIGHTING AGAINST THE ERA in two federal Court cases to this day, when BIDEN or Attorney General MERRICK GARLAND could easily clear the way for the ERA to be published by withdrawing their opposition to the ERA in Court (BEFORE the 1st Circuit Court of Appeals gives its ruling ANY DAY NOW!!) and withdrawing the Trump/Barr OLC Opinion.  The other federal ERA case was filed in D.C. by the last three states to ratify the ERA, Nevada (2017), Illinois (2018), and Virginia (1/27/20 making the ERA legally the 28th Amendment). The states appealed the unconstitutional D.C. District Court opinion to the D.C. Circuit Court of Appeals (read more HERE).

Biden’s White House Counsel said go talk to the Attorney General (like a craven parent who tells the kid to ask Mom), and the DOJ is not listening. Distraction is NOT a defense when the EQUALITY OF WOMEN IS ON THE LINE — an opportunity that will not come around again in any of our lifetimes. 

So, following in the footsteps of our foremothers, the sentinels who protested in front of the White House demanding the right to vote over 100 years ago, the leading and solely-focused women’s rights organization on the ERA, Equal Means Equal, and our social JUSTICE allies are going to protest in front of the DOJ asking, “ATTORNEY GENERAL MERRICK GARLAND, HOW LONG MUST WOMEN WAIT FOR EQUALITY?” starting on June 10th, 2021 until the ERA is published, initially only weekdays from 8am-10am and 4pm-6pm, to catch the DOJ attorneys coming and going to work. It’s on Constitution Avenue (how apropos is that?!) right across from the Mall and next to the U.S. Archivist building. (& we don’t need a permit from D.C. unless the protest grows to over 50 people, in which case we can look into that).

WILL YOU JOIN US? Equal Means Equal (“EME”) has made it easy for you to participate in the ERA SENTINELS PROTEST AT THE DOJ, either by attending in person or, for those who cannot travel to DC, you can donate $20/hour to sponsor an unemployed woman to stand in your place.  I already donated for 30 hours, and I’m going up there to protest in person 6/29 - 7/1.  SIGN UP for an #ERASentinel time slot or donate to Sponsor a Sentinel HERE.

If you have questions about what EME has done thus far or about the legal arguments, and to read the Briefs in the EME case, including the Amicus Brief for the 86 esteemed Amici, representing millions of people, that attorneys Pam Parker, Gina Collias, and I wrote, my legal Memorandum on why the Trump/Barr OLC Opinion should be withdrawn, and how, with a Substitute Joint Resolution I drafted, Congress can and should protect the ERA in Court by making the ERA a “Political Question,” just read back in my blog belowYou also should read “The News” EME’s blog HERE.

Please also join in the Fact a Day Twitter campaign to enlighten people on why we need the ERA!  Sign up for EME’s Slack Channel to get an alert daily with the new graphic to download and a sample tweet to post HERE.

This blogpost above also has information about and a link to listen to EME’s brilliant attorney, Wendy Murphy’s oral argument in the 1st Circuit Court of Appeals on May 5th, 2021 — fighting against opposing counsel from … wait for it … Biden’s Department of Justice!! Appellate decisions generally come down two months after oral arguments, which is why we are placed in the FIERCE URGENCY OF NOW! Who among us over 45 million women who voted for Biden/Harris would have guessed that BIDEN/HARRIS would OPPOSE WOMEN’s ONCE IN A 100 YEARS CHANCE FOR EQUALITY?

Please also re-Tweet posts from EME @EqualMeansEqual and me @ArlaineRockey about the ERA including the Fact a Day posts (& while you’re at it, please follow us!). I’ve added some of the graphics below.

If you are or represent a celebrity or another person who can get PUBLICITY for the #ERASentinels, please contact Kamala@EqualMeansEqual.com — not .org; .com is from Exec. Director / filmmaker Kamala Lopez’ powerhouse documentary on the ERA, now on Amazon, free with Prime, “Equal Means Equal” — watch it for background info and commentary from leading ERA advocates — it’s seriously delightful despite the heavy topic.

We are in this together ladies! With the ERA, so many insidious sex discrimination issues will have a chance of being resolved, and women will for the first time in our 245 year history have equal rights enshrined in our Constitution. Read our Amicus Brief HERE to see reasons we absolutely still need the ERA! 

Arlaine Rockey