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The Justice Department's Office of Legal Counsel, which advises the Executive Branch on major legal issues, today issued a 38-page opinion that the 1972 ERA is dead and cannot be resurrected by state legislatures or Congress. Further details will follow here at @ERANoShortcuts. Image
This opinion defines the position of the Executive Branch. It means that the Archivist of the United States may not certify the ERA as part of the Constitution, after Virginia submits "ratification" papers, because there has been no ERA actually before the states since 1979. Image
The opinion is posted on the Office of Legal Counsel website at this URL:
justice.gov/olc/file/12325…

#ERA_No_Shortcuts
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1-8-20 from National Archives: J ustice Dept. OLC has determined "ERA Resolution is no longer pending before the States," so "adoption could not be certified." "NARA defers to DOJ on this issue and will abide by the OLC opinion, unless otherwise directed by a final court order." Image
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ERA_No_Shortcuts
@ERANoShortcuts
A pro-ERA group called "Equal Means Equal" today filed a federal lawsuit arguing that the Constitution does not allow any time limit on ratification of any amendment to the Constitution, nor does it allow any state to rescind its ratification.

news.bloomberglaw.com/daily-labor-re…
Of the various theories cooked up to try to re-animate the 40-year-expired 1972 Equal Rights Amendment, this one is the wackiest. Under this theory, there must be endless time to ratify any proposed constitutional amendment, and once a state is "in the bag," it can never escape!
In an April 29, 2019 letter to the U.S. House Judiciary Committee, Prof. Michael S. Paulsen, a leading expert on ratification issues, called the deadlines-prohibited theory "legally preposterous--utterly meritless to the point of foolishness." A sure loser in higher courts. ImageImageImage
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ERA_No_Shortcuts
@ERANoShortcuts
A rather 1-sided rah-rah piece from Scripps-Howard: "Now, the ERA only needs 1 more state...for ratification." The ERA died unratified decades ago, as the Supreme Court recognized in 1982. Neither Virginia nor Congress can resurrect the long-dead 1972 ERA.
newschannel5.com/news/national-…
The only constitutional route is to start over, with 2/3 votes in each house of Congress. If that occurred, the states would be presented with a new ERA--which could be the same language, or different language--to accept or reject. The role of Congress ends when sent to states. ImageImage
"[P]roposals that would purport retroactively to 'extend' indefinitely-- or eliminate entirely--the legislative time limit specified in Congress's enactment proposing the ERA...are legally frivolous."-- Prof. Michael S. Paulsen, letter to House Judiciary subcmte, April 29, 2019. ImageImageImage
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ERA_No_Shortcuts
@ERANoShortcuts
(1/4) The 1972 ERA died unratified 40 years ago-- the claim that it's on the verge of ratification is a political hoax. But, is the Archivist of the U.S. playing along with the hoaxers? This chart was produced with the National Archives, obtained on 11-19-19 thru a FOIA request Image
(2/4) by Douglas Johnson, senior policy advisor to National Right to Life. It lists Nevada (2017) and Illinois (2018) as ratifying states-- just like the 35 states that actually ratified the ERA prior to the immutable 1979 deadline. (The NARA list does take note that five of the ImageImage
(3/4) ratifying states later took action to rescind their ratifications, before the deadline.) However, after Nov. 17 filing of a lawsuit by AL, LA, and SD, NARA on 12-19-19 said that it had already "requested guidance from the Department of Justice's Office of Legal Counsel on Image
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