Biden Again Summons His “Leading Legal Constitutional Scholars” to Support an Absurd Constitutional Claim

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 Even worse,  four states — Nebraska, Tennessee, Idaho, Kentucky — rescinded their prior ratifications and a fifth, South Dakota, set its ratification to expire if the ERA was not adopted by the 1979 deadline.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.”

206 thoughts on “Biden Again Summons His “Leading Legal Constitutional Scholars” to Support an Absurd Constitutional Claim”

  1. Larry Tribe reminds me of Al Capone’s accountants. 🙄 Really, these people could not be more ridiculous, and they do not seem to realize that most of us think, or have always thought so. Must be great to live in a mind so full of delusions. It doesn’t work anymore, DNC, and it never will again. I expect the midterms to be even more of a massacre as free speech opens up again; it might be a good, long while before we see dems in power again, if ever, as they are currently constituted. But by all means keep up the ‘grass roots resistance’.

  2. Lawrence Tribe is Bela Lugosi – someone whose best days are behind them, and now, they will do anything to get a little attention, and money.

  3. As discussed in a column yesterday, the 28th Amendment has been as dead as Dillinger for decades.

    Believing that Democrats are motivated by virtue is pathognomonic for cult membership.
    Reality scores bigly; DNC talking points lose yet again. Frauds are like that

    ‘Lady McBiden’: Alexandra Pelosi Blasts the First Lady

    “If I was Lady McBiden, I’d put on my big girl pants, play the long game and think about my husband’s legacy,” Alexandra Pelosi, the former speaker’s daughter, told me Saturday. “There aren’t that many people left in America who have something nice to say about Joe Biden and Nancy Pelosi is one of them.”

    https://www.politico.com/news/magazine/2025/01/19/lady-mcbiden-alexandra-pelosi-first-lady-00199164

    1. “There aren’t that many people left in America who have something nice to say about Joe Biden and Nancy Pelosi is one of them.”

      Of course, every word that spews out of Nancy Pelosi’s vile mouth is a lie…

      1. That quote is her daughter, Alexandra Pelosi. You know, the documentary filmmaker daughter who just happened to be with Nancy all day on January 6, capturing every behind the scenes moment of Pelosi’s “Fedsurrection”.

        I believe it was Pelosi’s other daughter out in California volunteering to “cure ballots” in tight House races …. you know….until they ‘cured’ enough found ballots for the Democrat candidate to ‘win’.

        Pelosi’s entire family is criminal scum, much like Biden’s entire family. Peas in a pod.

    2. “Pelosi told people last week she’s struck that the Bidens would leave on such a low note, asking rhetorically why they’d convey such bitterness.”

      Nancy wonders why a vindictive, petty, vengeful man and his power-thirsty wife with same character flaws would hold such a public grudge against her? Wake up out of your Swamp bubble, Nancy. Biden is a vindictive POS, always was, always will be.

      “Speaker Emerita Nancy Pelosi.” Spare us all the honorific she has anointed herself. It’s like “Dr Jill Biden” nonsense.
      Pelosi created a website by the same name. Puhlease.
      She should have a website named: “How to get a 600% ROI like I did”. Insider trading 101.

      Put a stop to Pelosi’s honorific nonsense, Speaker Johnson. Cut her off. Hard. No mercy.

      1. Hope for the best, maybe the Pelosi’s and Biden’s can get together, make up, have a few drinks and get hammered.

  4. DEar Prof Turley,

    Go Brandon! While we can all celebrate the last supper of Joe ‘genocide’ Biden, what’s wrong with the 25th amendment? We all have to pee, standing up or sitting down, in a pot. One can only hope there is a window to throw it out of. .. only the bears sh!t in the woods.

    It’s what separates us from the farm animals.

    While Prof Tribe, and his erstwhile Harvard antagonist Alan ‘the Whirling’ Dershowitz, are both one flew over the coocoos nest, I wouldn’t call them dead parrots. There could be some truth to the claim Biden&Bibi have/had some connection(s) to ‘Hamas’ – an ephemeral organization whose ‘leaders’ seem to be ‘unknown’ people living in Quatar and Egypt?

    *In any case, the ceasefire of a genocide is always welcomed news.

  5. I swear to God, anyone who still believes this garbage media narrative that Joe Biden is a DECENT, honest, HONORABLE, compassionate man, is freakin’ brain dead.

    1. You can roll pig turds into a powdered sugar jelly roll .. . but they’re still pig turds.

  6. @MZHemingway
    Jan 17

    “Something so perfect about media and other Dems shrieking for 8 years about Trump being a dictator who will destroy the Constitution only to have Biden announce he’s decided to amend it on his own, announcing it by tweet on his way out the door.”

  7. The only thing that would make women equal to men is if men started having babies.

    Regarding my golf game, I want to be equal to Jack Nicklaus, but I never will.

    There is a logic to nature and the will of God.

    Men persist, and women make the men who persist.

    Covetous parasites listened to the diseased, drunken fraud, Karl Marx, who denigrated merit and success out of pure jealousy to compensate for his own inadequacies and shortcomings.

    The leeches, green with envy, ate up Marx’s surreal drivel, pouncing on the concept of bloody revolution, fundamentally transforming dreams to reality, and obtaining endless supplies of “free stuff” and “free status.”

    From whom did Marx propose to obtain his confiscated and redistributed “free stuff,” why the very successful and wealthy men of merit whom he criticized and condemned?

    What a surprise—the same thing all robbers and thieves do.

    If America ever regains its sanity, it will end up squarely back on the Constitution and Bill of Rights, sans the 28th and every other incoherent and unproductive subsequent amendment.

    There is freedom.

    There is dictatorship.

    Never the twain shall meet.

  8. I have never prescribed to the QAnon stuff and really don’t know much about it other than seeing the last statement at the end of the stolen 2020 election. It was apologetic for not being able to take out the corrupt trash but said that it would happen soon. Something about their corruption exposed for all to see and their never being able to walk in public without shame. It’s funny to see how this all working out now isn’t it?

  9. Biden has no clue what he’s doing. He belongs in Memory Care.

    Who knows what Tribe suffers from….

    1. Biden belongs in prison.
      He’s been selling out this country’s policy to the highest bidder for years.
      He didn’t care if it hurt Americans or the country IF our enemies paid his bag man enough money.
      FJB. NO sympathy. NO feeling sorry for the absolute criminal POS traitor and his criminal scum family.

        1. “I have now issued more individual pardons and commutations than any president in U.S. history,” Biden boasted today after issuing 2,500 more on top of last month’s 1,538. “I am proud of my record on clemency and will CONTINUE to review ADDITIONAL commutations and pardons.”

          In the abusive wake of Biden’s gratuitous pardons and vindictive exit, it’s high time to shorten the interregnum period and/or amend the president’s pardon power to ban pardons during the interregnum (lame duck) period.

          Paul Sperry
          @paulsperry

          ————————–

          WHO IS DOING THIS WHEN BIDEN DOES NOT KNOW WHAT HE IS SAYING OR SIGNING?

          PUT A STOP TO THIS MADNESS!

        2. THIS —->>>

          “In the abusive wake of Biden’s gratuitous pardons and vindictive exit, it’s high time to shorten the interregnum period and/or amend the president’s pardon power to ban pardons during the interregnum (lame duck) period.”

          Paul Sperry
          @paulsperry

        3. Did anyone attempt to go to SCOTUS for an injunction against these mass pardons? Don’t get me wrong: the Constitution gives Biden the right to pardon, and there is no evident limit set, so I estimate the odds against them taking the issue up are about 99.9999:1, but at least there would be a statement on an official record denouncing this travesty, which might be worth something.

        4. Biden’s last-minute pardons are just about the only constitutional things he’s done.

      1. Biden’s legacy: I’ll implement policy – even if it hurts America — if you pay me enough money and run it thru my degenerate, crack addict son who will run it thru the Biden crime family’s racketeering operation. Fake shell companies, bank fraud, wire fraud, tax fraud, hundreds of suspicious transactions flagged but ignored for years by government “authorities”……etc.

        Biden is the biggest piece of lying treasonous criminal scum to ever stink up the White House.

        Clintons too.
        Obamas as well.
        They are ALL stinking anti-American scum.

    1. Thank God!
      Thank God and the Heavens above that the country (and the world) was spared the absolute NIGHTMARE a Kamala presidency would have been.

  10. Jonathan: It’s pretty clear you do not like the idea of gender equality. I wonder what your wife and children think about that? Biden’s formal recognition of the ERA as the 25th Amendment is long overdue. He should have done that at the beginning of his term. Biden could have ordered the US archivist to ratify the 25th Amendment but he didn’t. So Biden’s declaration is mostly aspirational.

    Nevertheless, Biden’s declaration reflects the will of the American people. A 2020 Pew Research poll showed 78% of Americans believed the ERA should be part of the Constitution. We are one of a few countries that still does not guarantee gender equality. 85% of countries around the world have a gender provisions in their federal constitutions. Even many US states have ERA-type provisions in their state constitutions. Article 5 of the Constitution states that Amendments to the Constitution “shall be valid to all intents and purposes, as part of the Constitution, when ratified by the legislatures of three-fourths of the several states…”. This was accomplished on January, 27, 2020 with ratification by Virginia.

    Many legal scholars argue that the ERA should be considered as a ratified Amendment, since a total of 38 states approved the ERA, and Congress lacked the power to impose artificial ratification deadlines. In August of last year the ABA passed a resolution that “a deadline for ratification of an Amendment to the US Constitution is not consistent with Article V of the Constitution” and states lack the ability to rescind Amendment ratifications.

    One thing is clear. The fight over the ERA is not over. But those, like you, who oppose gender equality will try to stop the US archivist from ratifying the 25th Amendment. DJT’s new DOJ, under Pam Bondi, will certainly make no efforts to ratify the 25th Amendment. Why? Because there is a fear that if ERA was part of the Constitution it would guarantee gender equality for trans people and any discrimination because of sexual orientation. The 25th Amendment would also help to eliminate the gender wage gap and ensure access to abortion in all the states. That is something the second DJT administration and its MAGA supporters don’t want.

    So starting tomorrow discrimination against women, trans people, gays and lesbians will still be permitted. Women and gay people in the military, under Pete Hegseth, will have no protections against sexual assault or other forms of discrimination. For the next 4 years under DJT gender equality will be in the trash can!

      1. So consider this is coming from the same group of idiots that can’t tell you what a woman is?! There seems to this huge missing link of logical thought and reasoning in everything they offer up.

        1. Traveler,
          Same group thinks there is some 97 sexes, use pronouns like xi/zy/zym, and a child should be allowed to dress up and act like a cat at school.

        2. I can spot a woman a thousand yards away from the best little whore house in Texas.

          >”Jonathan: It’s pretty clear you do not like the idea of gender equality.” ~ Dennis the Menace

          That statement assumes the 25th amendment is the ‘idea of gender equality’ .. . but I’m not so sure.

          1. The 25th amendment says if Joe puts on a pantsuit, clicks his heels together and believes he’s a woman, then he’s the first woman U. S. president! It would break the glass ceiling and be so historic.

    1. The country will not survive with brainwashed, brain dead CULT-indoctrinated morons like Dennis voting Democrat no matter who, no matter what. THESE PEOPLE ARE INSANE. And they believe whatever the corrupt, lying fake news shovels into their weak brains. They are wrong on every issue, yet oh so righteous. The Democrat party is a National Security emergency.

    2. So now Democrats care about women? They allow biological men to violate women’s rights and safety.
      What’s a woman? Democrats tell us they can’t say, because they are not biologists.
      Even the Women’s March has erased women calling it the Peoples March. What’s a woman anyway? Democrats can’t say.
      Does Dennis believe we can be born in the wrong body and “transcend” human biological reality?
      Do you identify as a furry animal as well?
      Will your ADA claim for your mental illness require your employer to provide a litter box for you?
      YOU ARE CULT-INDOCTRINATED.

      1. Does Dennis believe we can be born in the wrong body and “transcend” human biological reality?

        Yes, he does. Because he’s brainwashed.

        The entire Democrat party is an indoctrinated cult built on a House of Cards.

        We are watching it all come tumbling down.

    3. Yes, it truly is great that Biden acknowledges the 25th Amendment. You know, the one that allows the VP and his cabinet to remove him if he is found to be unfit for office. You did see the WSJ and the recent NYT articles on how people have been working to keep Biden’s mental decline from public?

      1. The NYT article seemed to focus on his physical decline, not mental. His foot never healed so he has trouble with his gait and he was exhausted by so much travel.

    4. Respectfully,
      On what planet do you live? Where do you get your information?

      What you wrote makes no sense. There will be no smear campaign or discrimination platform. That is something someone who is radicalized would say.

    5. Your comment is full of lies.

      Incidentally…you are citing the wrong amendment. This issue is not about the 25th Amendment. (Do you know what the 25th Amendment says? Maybe you do and your entire comment is a joke.)

      It’s about a proposed amendment that would have been the 28th Amendment, but it was not ratified by the very LEGAL deadline Congress imposed.

      Also, the ABA’s ‘resolution’ regarding the authority of Congress to include a deadline and the power of states to rescind their ratification of an amendment is merely their ridiculous opinion. Complete nonsense and not legally binding on anything or anyone.

      Furthermore, biden’s own OLC says just the opposite.

    6. Dennis, there is no such thing as gender equality.
      As a practical matter there is no actual equality between any two people beyond the right to equal treatment by the law.

      However smart you or I think we are – there is someone out there smarter – you and I are not equal nor are we equal to the next person to our right in anyway except regard to the law.

      The ERA even if ratified says

      “No political, civil, or legal disabilities or inequalities on account of sex or on account of marriage, unless applying equally to both sexes, shall exist within the United States or any territory subject to the jurisdiction thereof.”

      That is already the case. That is specifically on the basis of sex or marital status” those on the left have repeatedly told us that sex and gender are not the same.
      Well the ERA says nothing about gender.

      Biden did not formally recognize the ERA – it is not within his power to do so. And the courts have already ruled on this.

      Biden could have order the archivist, that order would have been challenged in court and Biden would have lost quickly.

      Either Biden’s remarks were formal recognition or they were aspirational. Not both.

      The majority of the country believes that government can not discriminate on the basis of sex.
      That is not the same as what you claim – if 78% of the nation wanted the ERA ratified – it would be.
      There are 3 different ways to add the ERA to the constitution. None of those have succeeded.

      If people wanted the ERA as written – they would have it.

      And can you quit this nonsense equating gender and sex

      YOU left wing nuts decided they are not the same thing.
      You do not get to change your mind now.

      85% of countries discriminate against women.
      Do you really think that women are treated equally in Africa, the mideast, Asia ? Are you completely clueless ?

      I have no problems with an equal rights clause added to the constitution
      though frankly the 14th amendment already requires that government provide equal treatment to all citizens.

      Why do you need more than that ?

      ““shall be valid to all intents and purposes, as part of the Constitution, when ratified by the legislatures of three-fourths of the several states…”. This was accomplished on January, 27, 2020 with ratification by Virginia. ”
      Nope. The power to do something is the power to undo it. You had 7 years to ratify.
      You failed.
      Nothing prevents you from trying again.
      You can go through congress, you can get enough states to propose an amendment directly or you can have an article V convention of the states.

      What you MUST do to change the constitution is to do so lawfully and constitutionally.

      The courts already ruled long ago that time limits on ratification are constitutional.
      As always you left wing nuts are trying to game the system.

      If you actually had the support you claim you have for the ERA – you would have no problems getting it passed now.

      “Many legal scholars argue that the ERA should be considered as a ratified Amendment”
      The same ones who have a 100% strikeout rate on their reading of the constitution over the past 4 years.
      You seem to think this is a matter of opinion – it is not, it is a matter of constitution and law.
      Pretty universally if the constitution grants the power to do something, it grants the power to undo it or to impose limits.

      The ERA had a 7 year deadline – like every single new amendment since the 18th. It failed to meet that deadline.
      5 states have rescinded their ratification prior to the ERA being fully ratified – those revisions are FACT. Again the power to do something is the power to undo something.
      The deadline is decades passed and the federal courts have already ruled the deadlines are binding.

      If as you claim this is so popular – do it again

      “One thing is clear. The fight over the ERA is not over.”
      Its not a fight – if you want the ERA – the constitution provides 3 different methods to amend the constitution.
      No one is “fighting” over that.

      “But those, like you, who oppose gender equality”
      Again there is no such thing. An amendment to the constitution can not change reality and the ERA says nothing about gender.
      The constitution can not make us equal – we are not, it only can make us equal before the law.

      “will try to stop the US archivist from ratifying the 25th Amendment.”
      The archivist has refused to ratify the 28th amendment, because the courts have made clear time has expired, you must start over.
      the 25th amendment was ratified, it is about removing the president for disability.

      “DJT’s new DOJ, under Pam Bondi, will certainly make no efforts to ratify the 25th Amendment.”
      Correct because it would violate the constitution to do so.

      Again you can amend the constitution whenever you want – the constitution provides 3 ways – you get as many do overs as you want.
      What you do not get to do is game the constitution.
      The ERA failed to get ratified – you can try again.

      “Because there is a fear that if ERA was part of the Constitution it would guarantee gender equality for trans people and any discrimination because of sexual orientation.”
      It wouldnt and it cant. Further the 14th amendment ALREADY requires that All citizens have the equal protection of the law, and all the same rights, [privileges and immunities.

      What is it that you think Gender equality even means ?
      Each and every citizen already has the same equal rights.

      Your after special rights – unequal rights.

      “Would also help to eliminate the gender wage gap”
      Nope, that is a fiction, and the constituton already requires that government may not interfere in peoples right to contract.

      I have told you that we have equality before the law – we do not and can not have any other form of equality – because we are not equal.

      We are not entitled to equal pay. Because we are not equal.
      We are not entitled to equal pay for equal work – because work is not equal and because that would be a price control it is would degrade our standard of living.

      If I hire you in the midst of a recession – do you think you are going to get paid well ? In the midst of a recession – you will be lucky to get hired.
      Further I am gambling heavily in hiring you that I can keep getting work. That is called a buyers market – supply is greater thn demand prives are low.
      Conversely if I hire in a boom conversely I am going to have to pay a premium to hire you – because that is a sellers market.

      Now if the market changes – can I reduce your pay because the market is now a buyers market ? If the market is a sellers market – must I increase the wages of existing employees before I can hire new ones at higher wages ?

      There is no right to the wage someone else is getting.
      But there is a right to negotiate your own wage or to go to work elsewhere if you think you can get paid more.

      If I literally tell you I am paying you less because you are female or black – then go to work elsewhere.
      Discrimination that has nothing to do with productivity is sefl defeating in a free market.

      Just as you are free to try to pass the ERA again
      as an employee you are free to seek a higher wage elsewhere.
      If your employer hired you under a contract – they are obligated to the terms of the contract – nothing more.
      And you are free to leave and go elsewhere at any time.

      It is that freedom that allows you the ability to get the best wage you can for your work.

      “ensure access to abortion in all the states”
      A right to an abortion would be an unequal right – or are you claiming that men can force women to have abortions ?
      The ERA has nothing to do with abortion – and again you are trying to game the system.
      If you want a civil right to an abortion amend the constittuion making abortion a right.
      Lets see how well that goes over.

      “That is something the second DJT administration and its MAGA supporters don’t want.”
      False and irrelevant.
      Agenda 47 is the promises of Republicans to the country in return for getting elected.
      That is what Republicans have a mandate to do.

      “So starting tomorrow discrimination against women, trans people, gays and lesbians will still be permitted. Women and gay people in the military, under Pete Hegseth, will have no protections against sexual assault or other forms of discrimination.”
      How so ? The 14th amendment still exists.
      Sexual assault is a state crime and a violation of the UCMJ.

      “For the next 4 years under DJT gender equality will be in the trash can!”
      No it will be in the trash can forever. There is no such thing as gender or any other equality except equality before the law – which we all already have.

  11. Quick OT, then I have to get going.
    I noticed that some recent media polls mention that a majority of voters are positively reviewing Trump’s proposal policies, but not all, so they are calling it “MAGA Lite.”
    SOMEONE needs to develop and sell (ONLY for the next four years) a Bud Light, Miller Lite BEER takeoff, i.e., MAGA Lite. What fun and creating a real collectible!) (I HATE beer; a little V or gin for me…)

    1. Lin,
      You just may have stumbled on a multi-million dollar idea. If I only had the capital . . .

  12. Notwithstanding the blatant professorial failures (Tribe’s positions reversed by appellate courts on numerous occasions; Nourse’s hypocrisy), they also fail to acknowledge that:
    (1) Even Left/liberal Justice Ruth Bader Ginsburg said the following about attempts to allow an untimely ex post facto additional ratification, yet/ but not acknowledge TIMELY withdrawals of other states’ ratifications, “‘So, if you count a late-
    comer on the plus side, how can you disregard States that said, ‘We’ve changed our minds?’’’
    https://www.congress.gov/117/crec/2021/03/17/CREC-2021-03-17-pt1-PgH1419-3.pdf (p.H1424, middle of third column);
    (2) Left-wing’s own D.C. Circuit ruled against the “additional ” states in Virginia v. Ferriero, (2021);
    (3) Redundancy abounds: The 14th Amendment, the Civil Rights Act, Equal Pay Act, numerous state and federal laws, and SCOTUS cases, e.g., United States v. Virginia et al. (94-1941), 518 U.S. 515 (1996): “The heightened review standard applicable to sex based classifications does not make sex a proscribed classification, but it does mean that categorization by sex may not be used to create or perpetuate the legal, social, and economic inferiority of women.” (opinion delivered by GINSBURG). pp. 13-16.

    1. (addendum: just realized that the case opinion mentioned by JT (authored by Judge Rudolph Contreras) is the 2021 case I referred to.)

    1. Brilliant! Turtles, the National Bird! ROTFLMAO!

      You know, the irony is, if Biden DID declare Turtles, the National Bird, many Democrats would come forth to back him up! I can see them arguing, Turtles are reptiles, and birds evolved from reptiles! Plus, there are many flightless birds like Kiwis and DoDos! Plus, studies show that many turtles identify as birds!

  13. 24 Hours to go! 👨‍💼 Trump 🦅
    Jan 20, 2025, 11:00 AM (EST) | Inauguration Day 🇺🇸

  14. The 28th Amendment is the Crown Jewel for the Delaware Dumbass and the capstone of his presidency Jonathan. A fitting bookend to the FBI’s Russia Collusion fantasy that got him elected. Brilliant really.

    1. skyraider1717: (the bookends (left and right) depict the beginning and tail end of a “lying dog-faced pony.”

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