JONATHAN TURLEY: President Biden sees dead reforms.

President Joe Biden wants people to know he sees dead reforms. Before leaving office, Biden said we had the 28th Amendment, even though the measure died in the ratification process years ago.

Not since. The film “The Sixth SenseTo paraphrase Cole Sr. in the film, Biden doesn’t see failed amendments in constitutional coffins, but “walking like normal (amendments). They don’t know they’re dead.” So does Bidden.

Biden waited until shortly before leaving office to pursue the most misguided elements of the Democratic Party by unilaterally declaring that the Equal Rights Amendment was part of the Constitution. The dramatic moment was compounded by figures such as Sen. Kirsten Gillibrand, (D.N.I.). Enjoyment And falsely telling women that they can now go to court and have the amendment restore rights like abortion.

This strange group fantasy is triggered by the following statement.

“On my oath and duty to the Constitution and to my country, I affirm what I believe and what three-fourths of the states have ratified: The 28th Amendment is the law of the land, that all Americans have no right or protection under the law to express their sexuality.”

Biden cited dozens of “constitutional experts” to support this absurd claim.

Biden’s last-minute statement is even scarier than the movie because it calls for a departure not only from the constitutional process, but from reality as well. While Biden is running as a champion of democracy, he simply ignored the rejection of the ERA, as made clear weeks ago by the Justice Department, various judges, and his own record.

Even United States Supreme Court Justice Ruth Bader Ginsburg He declared the amendment dead.

Archivist Colin Shogan recently He explained. Neither her office nor the White House has the authority to unilaterally publish the amendment or to delay the ratification deadline.

She confirmed that the 2020 and 2022 US Department of Justice’s Office of the Legal Counsel confirmed that the ratification deadlines set by Congress for the ERA are valid and enforceable. “The OLC concluded that extending or removing the deadline would require new action by Congress or the courts.”

“Therefore, the Archivist of the United States cannot legally publish the Equal Rights Amendment. As leaders of the National Archives, we respect these legal precedents and uphold the constitutional framework within which we operate.”

The reason is simple. The main argument is absolutely ridiculous.

As I have It has already been writtenERA is as dead as Dillinger.

The deadline for ratification of the ERA was set for March 22, 1979—allowing seven years to obtain the necessary approval in three-quarters of the states, or 38 states. He couldn’t do that. To make matters worse, four states — Nebraska, Tennessee, Idaho, Kentucky — have rescinded their previous approvals. Fifth, in South Dakota, if the ERA was not ratified by the 1979 deadline, its ratification would expire.

Kentucky also had an additional problem because of it The Democratic lieutenant governor rejected the proposal Revocation of approval when the governor was out of town. However, Article V deals with ratifications by state legislatures.

In particular, no state was added during the extended period. Although five states voted to repeal their ratification and thought they could count, the ERA was still three states short of passing its second deadline.

Democrats then insisted that states could not override their vote before the ratification was completed. So the Democrats and then President Carter extended the deadline to June 30, 1982. However, in 1981, a federal district court ruled that Idaho v. Freeman Congress failed to extend the ERA ratification deadline. (The Supreme Court later stayed the order but declared the case valid.)

In the year In 2021, U.S. District Judge Rudolph Contreras ruled that it would be “foolish” for the archivist to ignore the deadline and unilaterally add an unapproved amendment to the Constitution. On appeal, a unanimous D.C. Service panel rejected the Illinois and Nevada Archivist’s claim that it should be ordered to publish the ERA, saying, “The states’ argument that the proposal clause is identical to the invalid preamble in the bill is unpersuasive.” ..because if that were the case, the verification method specification on every amendment in our country’s history would not be applicable.

This is no problem for pro-democracy advocates who ignore the vote in these states and reject constitutional time limits and procedures. Harvard Law Professors Lawrence Tribb and Kathleen Sullivan published a column describingERA is now law!“As if the emphasis and exclamation points somehow make it true. He is to be charged with attempted murder. Former Vice President Mike Pence insisted that the law was clear “without a doubt, beyond a reasonable doubt.”

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Notably, Biden has not issued an executive order for the registry, as many activists have demanded. The reason is simple: The White House knew it could be litigated in court and quickly dismantled by judicial review. They would rather have Biden proclaim to Caesar that we have a new amendment and consider it true.

In his statement, Biden gave his party’s extreme left “the last full measure.” It was tragic and truly tragic for one of the most popular presidents to ever leave office.

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His actions on the ERA are a perfect example of why he is seen as a “failed” president. Biden has always sacrificed principle for the politics of the moment. This was a participation trophy given to activists with no substance or basis. And that is the reason. Voters viewed Biden as a greater threat to democracy than Trump..

It’s pretty cool to think that Biden actually believes this nonsense and sees dead reformers walking around the White House. However, the truth may be even scarier: He simply doesn’t care. He looks at dead improvements in hopes of bringing life back to the legacy. Both, however, are now the mortality rates of the corpus.

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