In his final week as president, Joe Biden again invoked liberal professors to justify a plainly absurd constitutional argument by declaring that the 28th Amendment is now ratified. By invoking “leading legal constitutional scholars,” Biden only added redundancy to absurdity in claiming that the Equal Rights Amendment is now law. Unfortunately, this pattern has been all too familiar throughout his presidency and only highlights his contempt for constitutional order.
As discussed in a column yesterday, the 28th Amendment has been as dead as Dillinger for decades.
To recap:
The deadline for ratification of the ERA was set for March 22, 1979 — allowing seven years to secure the required approval by three-quarters of the states, or 38 states. It failed to do so. Even worse, four states — Nebraska, Tennessee, Idaho, Kentucky — rescinded their prior ratifications and a fifth, South Dakota, set its ratification to expire if the ERA was not adopted by the 1979 deadline.
Kentucky also had an additional problem because its Democratic lieutenant governor vetoed the resolution rescinding the ratification when the governor was out of town. However, Article V speaks of ratifications by state legislatures.
Notably, during the extended period, not a single state was added. Even assuming that the five states could be counted despite the votes to rescind their ratifications, the ERA was still three states short when it missed the second deadline.
Democrats then insisted that states could not rescind their votes, even before ratification was finalized. So, Democrats and then-President Carter simply extended the deadline to June 30, 1982. However, in 1981, a federal district court ruled in Idaho v. Freeman that Congress could not extend the ERA’s ratification deadline. (The Supreme Court later stayed that order but then declared the matter moot.)
In 2021 federal Judge Rudolph Contreras ruled that it would have been “absurd” for the Archivist to disregard the deadline and unilaterally add the unratified amendment to the Constitution. On appeal, a unanimous D.C. Circuit panel rejected the appeal of Illinois and Nevada that the Archivist should be ordered to publish the ERA, holding “The States’ argument that the proposing clause is akin to the inoperative prefatory clause in a bill is unpersuasive…because if that were the case, then the specification of the mode of ratification in every amendment in our nation’s history would also be inoperative.”
This presented a particularly tough task for Biden since his own Justice Department and his own archivist rejected this argument. Even the late Justice Ruth Bader Ginsberg declared the amendment dead.
Archivist, Colleen Shogan recently explained that neither her office nor the White House have the authority to publish the amendment unilaterally or waive the deadline for ratification:
“In 2020 and again in 2022, the Office of Legal Counsel of the U.S. Department of Justice affirmed that the ratification deadline established by Congress for the ERA is valid and enforceable,” she wrote. “The OLC concluded that extending or removing the deadline requires new action by Congress or the courts.”
“Therefore, the Archivist of the United States cannot legally publish the Equal Rights Amendment. As the leaders of the National Archives, we will abide by these legal precedents and support the constitutional framework in which we operate.”
So Biden made a familiar call. In the film Casablanca, Captain Renault, played by Claude Reins, famously tells his men to “round up the usual suspects” to make things look good to the public. The Biden White House would often do the same thing when contemplating a clearly unconstitutional action.
The top of that list has always been Harvard Professor Laurence Tribe, who once again was the most cited academic claiming that the 28th amendment was ratified despite the Justice Department, archivists, the courts, and mere logic claiming otherwise.
Take student loan forgiveness.
Even former Speaker Nancy Pelosi acknowledged that the effort to wipe out hundreds of millions of dollars of student loans would be clearly unconstitutional.
However, Tribe assured President Biden that it was entirely legal.
It was later found unconstitutional by the Supreme Court.
Tribe was also there to support Biden — when no other legal expert was — on the national eviction moratorium.
The problem, Biden admitted, was his own lawyers told him that it would be flagrantly unconstitutional. However, then-Speaker Nancy Pelosi told Biden to just call Tribe.
Biden then cited Tribe as assuring him that he had the authority to act alone.
It was, of course, then quickly found to be unconstitutional.
Some of Tribe’s conspiracy theories have also been quickly disproven — like his sensational claims of an anti-Trump figure being killed in Russia or claiming that the Oct. 7th massacre of Israelis was meant to cover up the corruption of Israeli Prime Minister Benjamin Netanyahu.
Tribe also insisted that Trump could be charged with a long list of criminal charges that no prosecutor ever pursued — including treason. Tribe even declared Trump guilty of the attempted murder of Vice President Mike Pence on January 6, 2021. Even though no prosecutor has ever suggested such a charge, Tribe assured CNN that the crime was already established “without any doubt, beyond a reasonable doubt, beyond any doubt.”
Yet, Tribe was again cited to support this claim. With fellow law professor Kathleen Sullivan, Tribe ran a column declaring “The ERA is Now Law!” as if amplification and exclamation points would somehow make it true.
They were joined by academics like Georgetown Law Professor Victoria Nourse, who was celebrated by Georgetown in a public statement for finally prevailing in her long fight for the ERA. Nourse also wrote that Biden’s declaration somehow makes this all official. That statement brought a quick rebuke from Ed Whelan, who noted that Nourse previously testified that presidents have “no role” in the constitutional process when the president was Donald Trump. 
Given the makeup of most law schools, it is relatively easy to produce a virtual flash mob of faculty to support anything from packing the Court to unilateral ratification declarations.
A recent survey of more than 1,000 professors shows that seventy-eight percent would vote for Harris and only eight percent would vote for Trump. Other than a poll of the Democratic National Committee, there are few groups that are more reliably Democratic or liberal.
In my book “The Indispensable Right: Free Speech in an Age of Rage,” I discuss the intolerance in higher education and surveys showing that many departments no longer have a single Republican as faculties replicate their own views and values.
A Georgetown study recently found that only nine percent of law school professors identify as conservative at the top 50 law schools — almost identical to the percentage of Trump voters found in the new poll.In places like North Carolina State University a study found that Democrats outnumbered Republicans 20 to 1.
Recently, I had a debate at Harvard Law School with Professor Randall Kennedy on whether Harvard protects free speech and intellectual diversity.
The Harvard Crimson has documented how the school’s departments have virtually eliminated Republicans. In one study of multiple departments last year, they found that more than 75 percent of the faculty self-identified as “liberal” or “very liberal.”
Only 5 percent identified as “conservative,” and only 0.4% as “very conservative.”
According to Gallup, the U.S. population is roughly equally divided among conservatives (36%), moderates (35%), and liberals (26%).
So Harvard has three times the number of liberals as the nation at large and less than three percent identify as “conservative’ rather than 35% nationally.
Among the law school faculty who donated more than $200 to a political party, 91 percent of the Harvard faculty gave to Democrats.
That echo chamber of higher education offers liberal leaders instant support even for the most ridiculous claims like the ratification of the ERA. The problem is that the group-think culture has a greater hold on academics than the public at large. For most people, selling the ERA as alive and well is akin to trying to sell a dead parrot as merely sleeping or stunned:
Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage.”
Declaring that a dead constitutional amendment is law because he claimed it to be shows how advanced is Biden’s cognitive decline. The identity of Biden’s enablers must be made public. Likely candidates include his VP, his cabinet, his chiefs of staff, his physicians, his lawyers, his fellow Democrat leaders in Congress, the Chairman of the Joint Chiefs of Staff, and most importantly, his family. If any of them in 2020 doubted that he had cognitive decline sufficient to render him unfit to be president, it should have been recognized in August 2021 when he pulled out of Afghanistan. It has been widely reported that his Defense Secretary, his generals and his close advisors cogently argued strongly against abrupt withdrawal but Biden would not budge from his decision. Anyone who has ever had to deal with a family member or patient with dementia-related cognitive decline, as have I, know that once that individual gets a false idea in their head it’s next to impossible to persuade them to otherwise change their mind even when prevented with facts. Sometimes the behavior borders on the delusional. The afflicted person often is unable to have insight into the consequences of their decision. Biden’s adamant obstinacy to not listen to his advisors, especially his Secretary of Defense and military leaders, who correctly predicted the calamity of his decision to withdraw from Afghanistan should have been the red flag to those closest to him that he required a thorough medical and neuropsychiatric evaluation. That this was not done, or worse, if it was done and the results covered up, would be a negligent dereliction of duty. For his family to have been complicit would have been cruel and possibly border on elder abuse.
While I agree with the premise that the ERA has been dead since 1979, I think Turley is remiss in omitting the facts which allow Biden to erroneously claim the amendment now law. The article explains that 35 states voted for it before the 79 deadline, though 5 subsequently rescinded their votes before the deadline. He declined to mention that in recent years three more states voted for it – Nevada (’17), Illinois(’18) and Virginia(’20), bringing the total number that passed it at any time to 38, the number required for passage. The wikipedia article on the ERA mentions that some argue that a state may not rescind their votes, and also that the deadline for the amendment is listed not in the body of the amendment but in the preamble, leaving some wiggle room for litigation. Again, I don’t buy those arguments. I agree with Turley that the amendment died in 1979, but I think Turley’s article ought to have explained the legal theory that Biden is leaning on in his proclamation, so that readers have all the facts needed to decide for themselves.
There is no legal thbeory by which a president can proclaim that an amendment is passed.
As to the rest – these claims have already been litigated and lost.
Lawyers can argue anything – that is their job. That does not make what they argue valid.
In a recent interview with Bari Weiss of The Free Press, Speaker of the House Mike Johnson related a conversation with Joe Biden where he denied ever signing an executive order banning the sale of LNG. When he was given a copy of the order to read, he said he had no idea he’d signed such an order. Clearly the president is not (and likely has not) been in charge of his administration-shadow president(s) have. I strongly suspect Biden was given this edict to sign, and told it was legitimate, and would be the cherry on top of his “extraordinary legacy”. I’m not sure if I’m sad for him or frightened for the US.
I still would like to know why the Speaker did not use his position to pursue impeachment or another remedy after that conversation, but instead chose to leave the nation at great risk with an incapacitated POTUS at the helm.
Biden leaves us declaring a Bigfoot sighting of the ERA. He may not have been competent to take the Oath of Office. Tomorrow we might celebrate the remedy of the November election itself, and the power of Indispensable Right to wrench out the truth, and make us smarter voters.
In the linked article, Tribe and Sullivan assert that Biden’s proclamation makes ERA “official.”
They do not give an argument for that assertion. They do not even attempt to provide a constitutional basis for a president’s role in a constitutional amendment. (Article V does not even mention the president.) They merely assert that a president (at least this one) has the authority to make an amendment the law.
Remind me, again, which is the party of authoritarianism.
Many state constitutions have their own ERA. And at the federal level there is the Equal Protection Clause and the civil rights act. I think one commenter below is correct in saying this is about transgenderism. But I doubt there is an en banc circuit court in the country that would hold that the federal ERA exists. This only brings to the surface more evidence that Biden is a cadaver, his puppet masters are certifiably insane, and the Harvard law faculty is also made up of certifiable lunatics.
* Mr. Strangio presented an argument before SCOTUS regarding gender discrimination and cross gender hormone dosing. The case was odd due to the FDA has not approved use of such. Studies are being done. Can gender discrimination be applied? Idk nor do I give a darn, Scarlett. It’s psychiatric at best. ..
* in addition, medical matters belong with patients and physicians. Being on the street screaming I’ve had an abortion and loved it is psychiatric.
It’s a circus.
Lawrence Tribe has become the face of the DEMOCRATIC Jack-in-the Box that gets rolled out whenever the Dems propose another unconstitutional act. He is self actuating. Sort of like Anonymous the Stupid who is stalking the comment section today.
Tribe was correct on one occasion, in what may have been a manifestation of the “stopped clock” principle. Sometime in the late 1970sor early 1980s, he publicly admitted that his previous interpretation of the 2nd Amendment as granting rights to only Federally recognized para-military organizations was incorrect, and that 2A did recognize the right of individuals to be armed. The ensuing hue and cry from the Left was deafening, and, to the best of my knowledge, Tribe has never made another statement that was in any way plausible.
I suspect he must have been struck by lightning and was in a postictal state from a possible seizure induced by the aforementioned lightning.
Or, he has cognitive issues, and he had a moment of clarity?
It sounds like a commercial: “If you need a car, have bad credit, and don’t mind driving a piece of junk, ‘just call Tribe’. Call 1-800-FRAUD.”
It never Reins, but it sometimes Rains.
“It never Reins, but it sometimes Rains.”
I beg to differ, as it may well Rein when it is Claudy…
Finally, we have a living example of stupidity and dimensia!
Dimensia evokes Einstein’s theory of relativity in which he added a 4th dimension and came up with spacetime. Now string theory has 11 dimensia.
Now that Jill Biden is faced with being Joe’s primary care-giver for the rest of her life. Knowing full well that the man is full of B.S. only to worsen with dementia, She believed it would be to her benefit to Faux-Ratify the ERA so that She and Female Nurses won’t be the only ones have to change His spent Depends Underwear. Now with the Faux-Ratification, Male Orderlies & Male Nurses (Preferably Naturalized Americans) will perform the mountainous doo-doo duties Joe requires.
Rehoboth Beach Delaware will never be the same, ‘Look before you Sit and Watch where you Step!, as Joe is prone to leave a bread crumb trail.
Perhaps they would both be better accommodated for at a Federal care facility, you know, somewhere they could both get the 24/7 care they deserve. A private room, healthcare, a healthy cuisine, a weight training room with communal showers. They could even accommodate a family plan. Leavenworth or Eglin both come to mind.
Probably would be a good idea if Joe Biden goes to a Memory Care Unit that is men only. These unfortunate individuals tend to wander and end up in beds that are not their own. Just practicing that Ounce of Prevention mantra.
Hmmmm lack of memory, men only, wandering to beds… I think you just diagnosed progressive liberal lymphoma syndrome.
Awesome post Professor! And I am crying laughing at the Monty Python video. So appropriate!
Funny. “The 28th Amendment is dead” says Jonathan. Yet, American society and its legal system have adopted equality of the sexes under the law for all practical purposes. Anybody care to admit that epochal social/legal change came about without Constitutional Amendment?
The Constitution was written with no hint of legal distinction between men and women, even though the law and society held to rigid patriarchy at the time. So, conservatives in the ’70s were right: the Constitution did not stand in the way of equal rights for women, only deep-seated social convention. And that was overcome in a matter of a couple of decades by voluntary shifts in attitude.
The grand experiment in social architecture continues. The pressing issue now is faltering rates of marriage among young adults, and taming the economic forces that have put financial independence out of reach for late teens and early 20s.
The point is that the ERA is stone cold dead. The fact that women’s rights are protected under the Constitution without it just shows how unnecessary the ERA was. The point of the article is the absurdity, illogic, and downright stupidity, and disrespect for the rule of law of leftist politicians and lawyers.
The reason they want to pretend the ERA is alive has nothing to do with equal rights between men and women.
It’s to expand “anti-discrimination” classes beyond the classes explicitly “protected” in the Civil Rights Act. They want transgenderism to be part of the protected class but they know the political will to enact it does not exist. I suspect allowing cross dressing boys to participate in girls sports and to use girls dressing rooms is around a 30% issue. The vast majority remain fairly sane. For now.
If they succeed in normalizing gender benders, next up will be polygamy, pedophilia, bestiality and the rest of the sexual perversions that were correctly considered taboo to build a strong, cohesive, moral, well-functioning, civil society.
This is about a specific constitutional amendment, it is not about societal change.
There have been myriads of societal changes over time – none of which have or need their own constitutional amendment,
I have no problem with enshrining the equality of women in the constitution. I oppose the current ERA as an actual right needs no enabling legislation so section 2 is about empowering congress and congress needs no more power.
The first amendment is a constraint on Govenrment – that is all that we need with the ERA – a recognition that government must afford men and women the same rights.
I note that many of the later amendments starting with the 13th have the Congress may enforce by appropriate legislation language that you oppose for the ERA. See this link for amendments 11 to 27: https://www.archives.gov/founding-docs/amendments-11-27
I hear that Tribe has been offered the Keith Olbermann Chair at Harvard, quite an honor. You say the ERA is as dead as Dillinger, and I add that it’s as dead as the Democratic Party is about to become. It was already on life support, but Biden seems determined finish it off.
As usual the Lefties ignore the Rule of Law in their rabid pursuit of advancing their agenda.
Just consider the responses so far.
Despite the laundry list of reasons the ERA Amendment effort is dead…not sleeping… not dozing….but DEAD….they persist in trying to conjure up a ghost as if they are doing some sort of seance.
But then we saw them do two Impeachments without justification, commit so many un-constitutional acts, engage in corrupt acts and politicize the DOJ, FBI, IC, and the Federal Court System……and ignore their own party historical roots and processes all the while screaming it was the Republicans who where the threat to democracy.
But here we are….come tomorrow they surrender the Bully Pulpit to the very person they tried to make into the Anti-Christ, Devil, and Hitler all rolled into one.
What they have been selling is not being bought by the American People anymore.
CNN, ABC, and so many “News” outlets are paying out Millions in legal penalties for slander and libel….and their viewership numbers are tanking while FoxNews leads all of them combined in viewership. Twitter (now X) has been turned around and is once again a place where “truth” is ringing out, META is doing away with its biased fact checkers and ending its censorship that it did for the Democrats.
Tomorrow is here today….and that “Tomorrow” is all about the actual truth ringing out….not the chosen truth of those who corruptly deprive the People of the “truth”. Tomorrow sees a genuine victory of good over evil and that is a very good thing.
Watching the Confirmation Hearings this week I was aghast at the gross failures of the Democrats and their inability to address issues…nay….refusal to discuss issues as they know they are wrong and have been shown to be wrong by the Election.
Tomorrow….there shall be a good dinner with friends, joy and an acceptance that better days are here, and as we enjoy a really good fire outside we shall make a Toast to the wonderful Nation we live in and that this is the start of a new Day where the American People come first in the eyes of our government.
There shall be those that do not want to give up power, there are those that shall do everything they can to delay, hinder, obstruct, and deny the coming change. They must be and shall be held to account for that….as they should be.
The new Attorney General and FBI Director shall ensure that every Citizen is granted Due Process, full protection under the law, and that bias and prejudice shall be excised from the DOJ and FBI.
That is as it should be.
The past four years of Democrat shenanigans has left us with some heavy costs to be undone.
I have no doubt the incoming administration is up to the task but need our absolute trust and support to get the job done.
Get active…donate, contribute, volunteer, and get out the Vote….vote at every level for those that will lead us away from the Left and back to the Center.
The Center where plain old commonsense rules, where compromise is found, where we look out for each other.
It is a New Year, a New Administration, a new Agenda, and no doubt better days ahead.
Ralph Chappell,
Hear!!! Hear!!! Well said! We too are having a celebration.
@Ralph
Very much agreed. Thank you for saying it.
Ralph Chappell,
In the CNN vs Young trial, it was found that CNN lost $400 million in revenue or a 18% loss over the past three years.
MSNBC is on the For Sale block.
Meanwhile, independent media is thriving.
This is when the Bells start ringing in the churches all across the land. A new day dawns
Well Said Ralph Chappell!!
Thank you for such an excellent comment!
It is obvious that Biden is highly suggestable, something like a person under hypnosis. He has been making these proclamations well beyond his level of detail in thinking. At the very least his family should be protecting him from the madness of persons working the West Wing and prevent what may be remaining of his Presidential record. They simply are not. Second in line are Schumer and Pelosi, who must know he is damaging their Party, and yet they do nothing. Biden is angling to be historically remembered as one of those mad rulers from the past, e.g. King George III in American history. The next list of presidential pardons may prove this beyond doubt.
“At the very least his family should be protecting him from the madness of persons working the West Wing ”
Who in his family do you suppose would have any interest in protecting the cretin? His criminal son Hunter, who exploited their relationship to a fare-the-well? His brother John, who deserves to be judged a criminal, who did the same? His daughter Ashley, who was forced to become his sex shower titillation partner at an extremely vulnerable age? His wife Jill, who is a member, and quite possible the ringleader, of those zany West Wing a-holes to whom you refer? I suspect all of the above have no regard for Joe beyond what personal benefit they can get out of him in the short term, and I very strongly suspect that their callous disregard for his welfare is well-earned.
It’s hard to imagine the damage this administration has done to the United States of America. Even as their asses have been kicked out of office they continue to attack the nation and its people. I can’t blame Biden totally for what has happened but I very much hope those unelected individuals who have been calling the shots are revealed and dealt with. I suspect when the new administration takes control of the nation they’re going to find we’re in greater trouble than thought.
Rather than criminally prosecuting these “unelected individuals”, ferreting out the truth of who really covered for President Biden and who in fact “were calling the shots”, and widely publicizing it, would shame these miscreants more than prolonged trials. And it would be cheaper for the U.S. taxpayer.
Vincente,
I like that idea! Let the whole nation know full well their part in this cover up.
And you think that will stop them again? There’s the problem no penalty for the wrong done, ask Adam Shitff!
It would be nice if they were capable of shame. They are not.
24 hours to go before we are rid of the worse President in the history of the US along with his Radical Corrupt Staff and those behind the scenes that drove and installed radical policies and brought us close to Nuclear conflict with Russia and Open borders, crime etc.
Lawerence Tribe is a radical Left Wing Harvard Lawyer/Teacher who has been wrong on everything but Biden along woth Pelosi, Clintons etc. listened to him,
Useless and childish comment.
If only there were lawyers on the other side to justify all of Trump’s crimes and unconstitutional behavior. Off-topic, is there any evidence convicted felon Trump complied with New York law requiring he provide a DNA sample which will be placed in the criminal database? The law applies to all felons and many misdemeanors. He has been found liable for sexual assault, so he seems like just the kind of person you’d want to know if he matches up to a rape kit.
Let the attacks begin but do try to explain why Trump shouldn’t have to comply with this law that exists in multiple states.
Useless and childish comment.
Something much more interesting,
How Biden’s Inner Circle Protected a Faltering President
“And yet they recognized his physical frailty to a greater degree than they have publicly acknowledged. Then they cooperated, according to interviews with more than two dozen aides, allies, lawmakers and donors, to manage his decline.”
NYT Jan 17 2025
https://archive.is/gpM2P#selection-923.189-923.422
We have asked you over and over for evidence of single crime – you have never produced any.
All you are doing is proving your own abuse of power.
A civil finding by a plurality of a jury in a kangaroo NYS court with a corrupt judge absent any evidence the incident ever took place is just more proof that those of you on the left are batschff crazy
I have no idea what NY law on DNA is – and neither have you.
I doubt that if the provisions you claim are correct that they are not applicable until after the final appeal that could be years.
Regardless, you are engaging in a made up problem. If I am wrong – it was up to NYS courts to do differently.
If they did not – that is THEIR ERROR.
I do know what New York law says on the matter. He was not required to provide DNA until sentencing, if he successfully appeals he could have his DNA removed. Several News sources have stated that Trump is required to provide DNA, none have claimed he actually did so. Bill Clinton provided DNA in the Map Room of the White House while President to compare to Monica Lewinsky’s dress.
https://medium.com/the-polis/did-donald-trump-provide-the-dna-sample-required-by-ny-law-after-his-felony-convictions-8000d5a8a993?sk=42c7fc0e10e97a7f15eb02b65fd6cbab
I had hundreds of articles to choose from but I chose Fox News to reduce the claim of a biased site.
https://fox40.com/news/political-connection/ap-politics/ap-trump-can-still-vote-after-sentencing-but-cant-own-a-gun-and-will-have-to-turn-over-dna-sample/
You wanted me to state a crime Trump was guilty of. I choose falsifying business records for which he was literally found guilty of 34 counts. There’s a much longer list of crimes I believe he’s guilty of, starting with obstruction of justice which even Professor Turley has often stated would be problematic for Trump.
You first said I had no idea what NY law says and then if it wasn’t collected, it must be NY’s fault as opposed to Trump’s failure to comply. Do you think Trump should have to follow the law or should he be exempt?
No EB you do not know what NY laws says – you cited medium and other media sources – you did not cite the NY law.
Turley’s article is about the willingness of the media and leftist lawless and corrupt politicians to report things as if they are true when they are clearly not.
Next – lets say that you are correct – Trump can attempt to refuse to do what the law requires all he wants. The responsibility for following this law rests with the state.
Merchan has repeatedly shown a willingness through court orders to use power he does not have.
Don’t argue this garbage to me – File a motion in Merchan’s court. He is your corrupt hero, not mine.
If you can not get Merchan to do your bidding – that is not my problem.
And that has nothing to do with Trump.
I do not give a schiff what newsources say – They are not judges, they are not courts, and they have lied to us so often.
And what is this ludicrous standard – the media has not reported something – therefore it did not happen ?
Again – I do not know the facts or the law.
AND NEITHER DO YOU. If your source on the facts and the law is the media and you trust them – you are delusional.
Nothing is true until proven to your satisfaction.
https://www.nysenate.gov/newsroom/in-the-news/2012/owen-johnson/dna-databank-expansion-law-effective-today-new-law-also
Here’s a reference to the law passed by NY in 2012.
Carroll provided a dress she says she wore containing semen stains. If Trump’s DNA doesn’t match, he has nothing to fear. We’re supposed to believe the dress doesn’t exist because Boris Epshteyn says so? Epshteyn groped women himself in an Arizona nightclub in 2014 and has been investigated for selling appointments and promoting lies to overturn the 2020 result in Arizona.
If Trump’s DNA doesn’t match, he has nothing to fear, unless his DNA can be found in a rape kit somewhere.
https://www.bbc.com/news/articles/c4g71xdn9dpo
Clinton did not agree to anything. He was ordered by a court.
No Trump should not have to follow YOUR claims regarding the law.
Trump IS obligated to follow the ACTUAL law.
If the court orders a DNA sample to be taken – it will be taken.
For all you know that has occurred.
Regardless, your argument is entirely speculation – this is the kind of trouble you get in when you rely on left wing nut media.
You have a claim regarding law, you have NOT supported.
You have a claim regarding what has or has not taken place, you have not supported.
You are ranting that somehow Trump is above a law you can not cite and can not demonstrate hasn’t been followed.
And you expect the rest of us to do the research to prove your made up claims are wrong.
It is possible you are right about the law – I do not know – nor do you. You cite a source that is worse than worthless.
Then you cite the absence of reporting as proof that something has not happened. Again that is pretty much worthless.
So let me be clear – If NYS law requires a DNA sample in this specific instance – which I am dubious about.
Then it is the state of New Yorks job to take a sample.
If they did not do so that is on them.
Very shortly if not already an appeal will be filed in this case, the instant that occurs Merchan loses jurisdiction over the case.
The manhattan court of apeals is nearly as batschiff as Merchan and likely Trump will lose there.
But it is as near certainty as one can get in law that this will be dismissed. There is so mcuh nested error, there has never been a trial conducted this badly.
There is more than a 50:50 chance this is dismissed by the NY appelate courts. and if not a 100% chance this is tossed by the Federal courts.
The same is true of the enmoron case, and the Kaplan case.
I would like to thank you for posting what I would like to, but doing a much, much better job than I could ever do.
It’s true I don’t know whether Trump has provided DNA which is why I asked a question and didn’t make a statement. Perhaps the cite I provided in the previous reply from the NY Senate will satisfy you, though not likely. It’s easily verifiable to anyone not dead set against believing it.
Comer and a myriads of others have provided the proof that the Biden Family were paid millions in return for Joe Biden using government powers in their benefit. They have traced funds through shell companies to the biden family. They have produced emails, and lots of communications demonstating a request for the illegal use of govenrment power in return for money.
We have numerous examples of that power being excercised exactly as requested.
Though unnecescary we have some evidence of some of that moeny actualy getting to Biden in the form of loan payments for loans that never occured.
And yet with all this – democrats claim there is no evidence that Biden is criminally corrupt.
Conversely we have listened for almost a decade to claims by democrats. Not one of these has ever produced evidence.
E Jean Carroll accused every man she has ever known of rape in her book – EXCEPT TRUMP. She saved that accusation until he was running for re-election. Based on the ACTUAL evidence it is Carroll that is guilty of defamation, not Trump.
But the statute of limitations long expired on that. Except that the NYS legislature in a clearly unconstitutional bill of attainder created a loophole to allow Carroll to sue Trump for something that occured 30 years ago,
Worse still Carroll can not tell us what day, what month, what year this took place.
Normally – such claims are dismissed by courts at their inception. No defendant can be expected to be able to defend themselves against an allegation that could have taken place anytime accross many years.
When an allegation lacks specificity – there is no ability for the defendant to provide an alibi.
Courts routinely drop such allegations as violations of the rights of the defendant.
And I would note Carrolls story is even worse than that. But that alone is sufficient.
I can accuse you of anything – “I witnessed you murder someone 30 years ago” – no date, no time, maybe a place – generally. no evidence of murder, no body – should you be convicted and sent to jail for the rest of your life ?
We do not do that – but those of you on the left did. And that is the problem.
This is but a single example of your evidence free lawfare claiming that Trump committed crimes that require stretching the law past breaking
Yet, the collusion delusion is a known fraud and was a KNOWN fraud when it was provided to the FBI, and yet the FBI investigated anyway – it did so for 3 years – tearing Trump’s life apart and finding nothing but more evidence that the allegations were frauds and more and more criminal violations of rights by the FBI.
You have lied repeatedly about the Hunter Biden Laptop as well as all the other evidence of criminal conduct.
You have lied and slandered those who brought it forward. All to win a lawless election.
You have lied about so many thing.
Nor is your lawlessness confined to Trump. Hundreds of attacks on prolife clinics – no investigations. Dozens’ of pro-life protestors SWATTED by FBI and none convicted of anything. widespread evidence that the FBI intended and possibly did spy on people just because they were catholic. Others because they spoke out about their daughters rape in HS at a school board meeting, Others because they obvected to pornography being used to teach kids in elementary school.
You have targeted every lawyer who represented Trump – causing them substantial legal expense and defaming them in the process for doing what lawyers are obligated to do – representing the interests of their clients.
It goes on and on – you have not only targeted Trump – and yet NEVER presenting the whisp of evidence or anything beyond the crime of defeating you in elections.
One of the more significant factors in the 2024 election was YOUR CONDUCT – YOUR LAWFARE.
A indeterminately large number of people voted FOR TRUMP – because the found that you had leveled FALSE allegations at him and by prosecuting and by convicting in start chambers and kangaroo courts you undermined the rule of law, you abused the rights of those you were sworn to protect.
Sorry – the Verdict is in – YOU and those who back this lawfare are the criminals.
John Say,
Great comment.
I would add, Carroll wore a dress on the cover of a magazine, she claimed she was wearing that very dress when Trump allegedly raped her. Then it was proven that dress was not made at the time, but a few years later.
NONE of these cases should have ever gone to trial
I am not aware of a claim as old as carrols, much less on lacking testible evidence getting to trial anywhere ever.
There are multiple constitutional issues.
These cases never should have gone to trial against ANYONE
She has a dress with semen on it, but Trump fought for a year against providing a comparison sample.
No she does not. She has a dress that was not even designed until years after.
She has absolutely no physical evidence of anykind.
I would note that if you have ONE DNA sample and you have the moeny which the carroll team obviously did, to evauluate it, you can determine the blood type, the sex, the race, the eye color,t he hair color and myriads of other aspects of the person from whom that DNA came.
There was no DNA i this case.
Why do we have to keep dealing with all this left wing nut made up nonsense ?
Are you even capable of telling the truth.
Riiiiggght
You’re right, it wasn’t one year. It was three years.
https://www.nytimes.com/2023/04/27/nyregion/dna-evidence-trump-carroll-trial.html
On Nov. 5th 2024 the largest jury in the country convened and convicted you of lawfare
You don’t matter anymore
* 😂 ashes to ashes …
Was the Naturalization Act of 1802 ever legally abrogated?
Yes, in 1952.
I hate to say it but as much as I despise Biden and wish that he was gone yesterday, this was a genius move by either him or more likely one of his staff members.
given the amount of time that has passed and the fact that there was once a 3/4 approval by the states, this is a lose lose prospect for the Trump administration and Republican talking heads to speak against this.
much better to take a positive note and say that well we never thought that it was a necessary amendment that we now encourage everyone to quickly go through the process again and get it ratified so that it can be legitimately recorded by the government.
anything else is just a losing argument that ticks off people. unless that’s our goal as Republicans. we have to know that if this process was started today that it would definitely eventually be approved, so just don’t buy into the trap.
Never engage with an idiot. Biden is an idiot.
Useless and childish comment. Heed you own words.
Why speak of it at all? As the good professor points out, “the 28th Amendment has been as dead as Dillinger for decades.”
Professor Turley also points out, “Archivist, Colleen Shogan recently explained that neither her office nor the White House have the authority to publish the amendment unilaterally or waive the deadline for ratification” and then quotes her explanation.
So did the Justice Department reject his argument.
So did the late RBG.
But, hey! What do facts matter?
GT the Trump administration will mostly ignore this.
Biden has no constitutional authority to unilaterally proclaim an emendment passed, the federal courts already decided this issue.
The Trump administration does not need to do anything.
There has never been 3/4ths ratification by the states for the ERA.
In 1982, they were still short of the required 38 states. (Just a note, it was ruled that the deadline couldn’t be extended, but as the 38 state threshold hadn’t been met, that extension was moot.)
In addition, five states rescinded their ratification. (The Constitution neither delegates to Congress the power to prevent this, nor does the Constitution deny to the states the power to rescind their ratification. Tenth Amendment rules here. Sorry, I meant to say it rules everything. Per Jefferson, it is the foundation of the Constitution.)
Once the deadline expired, the ERA was no longer viable, it could not be ratified.
States voting to ratify a dead amendment just wastes taxpayer money and everyone’s time.
The process of which you speak is the full process for proposing and ratifying amendments. Congress must propose and approve a new amendment — even if they use the previous text of the ERA — 2/3 of both the House and the Senate must approve, It would then be sent to the states to ratify using the method specified by Congress.
“we have to know that if this process was started today that it would definitely eventually be approved, so just don’t buy into the trap.”
This statement is just beyond absurd. On what are you basing this wild assertion?