The National Archives reiterate that the Equal Rights Amendment (ERA) cannot be certified as part of the U.S. Constitution due to legal limitations and established deadlines.
In a statement released December 17, the archivist of the United States, Dr. Colleen Shogan, and the deputy archivist, William J. Bosanko, clarified their position on the Equal Rights Amendment ( ERA ). They highlighted their legal responsibilities and the current limitations preventing the ERA from being certified as part of the U.S. Constitution.
Shogan and Bosanko wrote, 'As Archivist and Deputy Archivist of the United States, it is our responsibility to uphold the integrity of the constitutional amendment process and ensure that changes to the Constitution are carried out in accordance with the law. At this time, the Equal Rights Amendment (ERA) cannot be certified as part of the Constitution due to established legal, judicial, and procedural decisions.' The statement refers to legal opinions from the Office of Legal Counsel (OLC) within the U.S. Department of Justice. In both 2020 and 2022, the OLC affirmed that the ratification deadline for the ERA, originally set by Congress in 1972, remains valid and enforceable. The legal counsel concluded that extending or removing the deadline requires action by Congress or the courts, not the National Archives. 'Court decisions at both the District and Circuit levels have affirmed that the ratification deadlines established by Congress for the ERA are valid,' the statement continued. 'Therefore, the Archivist of the United States cannot legally publish the Equal Rights Amendment as the 28th Amendment to the U.S. Constitution.' This position is aligned with the stance taken by former national archivist David Ferriero
ERA EQUAL RIGHTS AMENDMENT CONSTITUTION NATIONAL ARCHIVES LEGISLATION
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