Why would former President Joe Biden, Sen. Kirsten Gillibrand (D-NY), the American Bar Association, and Georgetown Law all torch their credibility by making the absurd claim that the Equal Rights Amendment is now suddenly part of the Constitution just because Biden “declared” it?
In case you missed it, on the Friday evening of Jan. 17, Biden released a statement on X reading, “In keeping with my oath and duty to Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.”
The archivist of the United States, a Biden appointee, has already said she will not publish the Equal Rights Amendment as the 28th Amendment, and federal courts have previously ruled that the Equal Rights Amendment is not part of the Constitution.
So why would Biden issue such a statement, and why would Gillibrand, the ABA, and Georgetown all release ridiculous statements saying that, thanks to Biden’s tweet, the ERA was now the 28th Amendment?
It appears the goal is to use Biden’s statement as a pretext to challenge state abortion laws. The New York Times reports, “Proponents of the Equal Rights Amendment have long made it clear that their strategy is primarily a political, not a legal one. Their goal is to dare Republicans to challenge the legitimacy of sex equality, and of moving to nullify something as simple as equal rights for women.
“Any person who was incarcerated because they brought their 10-year-old across state lines for abortion services would have a right of action now,” Gillibrand told the New York Times. “Every example we’ve seen in red and purple states across the country where women are being denied the right to privacy, travel, now has a clear right of action, and it will ultimately be decided in the courts.”
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In other words, Democrats, the ABA, and Georgetown Law all know their claims that the Equal Rights Amendment is now part of the Constitution are completely ridiculous. They have no prayer of advancing any legal strategy here.
What they can do, however, is force federal judges to issue judgments holding that the Equal Rights Amendment is invalid. The Democrats, and the ABA and Georgetown Law, will then use the headlines from these court cases to further undermine Democratic Party support for the judicial branch.
That is the goal here: to undermine the credibility of the judiciary among Democratic primary voters to build support for packing the Supreme Court and ending lifetime confirmation for judges.
This article was originally published at www.washingtonexaminer.com