National Archives Shuts Down Devious Scheme to Sneak Abortion into Constitution (For Now…)

Democratic victory in November could reverse course on policy and clear the way for ratification…

National Archives Shuts Down Devious Scheme to Sneak Abortion into Constitution

Democrats in Virginia congratulate themselves on the symbolic passage of the Equal Rights Amendment, although its deadline expired nearly four decades ago. / PHOTO: Associated Press

(Liberty Headlines) A day after newly radicalized Virginia symbolically became the 38th state to ratify the Equal Rights Amendment, the National Archives reiterated on Tuesday that it would not immediately take any action to certify the measure’s adoption as part of the U.S. Constitution.

In addition to codifying abortion rights, the amendment could complicate matters regarding LGBT and transgender rights, permanently affixing their status as protected classes despite the fact that there is no objective measure for establishing or proving them in a court of law.

The National Archives has received Virginia’s ratification documentation but “the Archivist will take no action to certify the adoption of the Equal Rights Amendment,” the press office of the National Archives and Records Administration said in a statement Tuesday that echoed a statement it made earlier this month.

Typically, constitutional amendments must be ratified by three-quarters of the states, or 38, before ratification. But the ERA’s future is unlikely, in part because of a 1982 deadline for ratification that Congress enacted decades ago.


Since the lapse of the deadline nearly four decades ago, five of the states that originally ratified it have also rescinded their ratification.

The administration said it is following the advice of the Department of Justice’s Office of Legal Counsel, which issued a memo earlier this month saying that because the deadline has passed, it is too late for states to ratify the ERA. The only option for supporters now is to begin the ratification process all over again in Congress, the department said.

The National Archives said it would abide by that opinion “unless otherwise directed by a final court order.”

ERA activists, including Virginia Attorney General Mark Herring, have vowed to fight to see the measure certified, either in court or in Congress, where there is a push by House Democrats to retroactively remove the deadline.

The amendment will likely see little traction under the current Republican administration, but should a Democrat succeed in ousting President Donald Trump in November, the chances are strong that the new president would reverse the policy, triggering yet another constitutional showdown that would likely play out in the courts.

Adapted from reporting by the Associated Press