Could One Phone Call Lead to the 28th Amendment?

Key takeaways

The Equal Rights Amendment aims to explicitly prohibit discrimination based on sex in the U.S. Constitution, but has faced historical and political challenges to ratification.
Despite legal arguments surrounding the 1982 deadline, many activists and lawmakers believe the ERA has effectively been ratified and urge for its certification.
Senator Kirsten Gillibrand advocates for President Biden to take decisive action on the ERA, positioning it as a pivotal moment for women's rights and the President's legacy.
Constitutional protections for gender equality are viewed as critical in addressing ongoing disparities in reproductive rights and access to healthcare.
The conversation highlights the tension between legal proceduralism and the urgent push for women's rights amid changing political landscapes.

Summary

The Equal Rights Amendment: A Historical Overview

The episode discusses the history of the Equal Rights Amendment (ERA), highlighting its roots in the early 20th century with suffragist Alice Paul advocating for women's equality under the law. Despite initial momentum, the amendment struggled for decades due to political opposition, particularly from anti-feminist figures like Phyllis Schlafly, who effectively mobilized grassroots campaigns against it. The constitutional amendment, which gained significant bipartisan support, required three-quarters of states to ratify it but ultimately fell short by the original deadline in 1982.

Current Political Landscape and Legal Challenges

Now, with the political landscape shifting again, the podcast focuses on recent efforts by the Biden administration and congressional Democrats to revive the ERA. Many argue that although legal complexities remain, particularly regarding the 1982 deadline and rescinded state ratifications, the constitutional amendment has effectively been ratified by the necessary states. The conversation includes remarks about critical court rulings, ongoing discussions around women's rights, and the potential impact of the ERA on current reproductive rights.

Urgency and Strategy Behind the Biden Proposal

Senator Kirsten Gillibrand's strategic push for President Biden to take action regarding the ERA is a core focus of the discussion. Gillibrand believes that Biden could transform women's rights and significantly enhance his legacy with a simple directive to the National Archivist to certify the ERA. She stresses the importance of doing this amid a rising urgency for women's rights, especially after key decisions like Roe v. Wade being overturned, highlighting that the ERA could provide a constitutional safeguard for reproductive rights that is currently lacking.

The Broader Implications of the ERA

The podcast also analyzes the broader implications of the ERA for American society. Supporters contend that having explicit constitutional protections against gender discrimination would offer women better legal recourse against inequities in reproductive health care, employment, and more. The discussion invokes the ongoing societal debate about gender roles and the significance of enshrining equal rights explicitly in the Constitution, arguing that it would align the legal framework with the evolving views on gender equality.

Show notes

How President Biden could transform women’s rights and rescue his legacy with just a ring.

Dozens of congressional Democrats have a simple pitch to President Biden: with a single phone call he can revolutionize women’s rights and salvage his damaged legacy.

Annie Karni, a congressional correspondent at The New York Times, discusses whether that plan is possible and, if so, whether Mr. Biden would try.

Guest: Annie Karni, a congressional correspondent at The New York Times.

Background reading:

Senator Kirsten Gillibrand presses Mr. Biden to amend the Constitution to enshrine sex equality.

For more information on today’s episode, visit nytimes.com/thedaily. Transcripts of each episode will be made available by the next workday.

For more information on today’s episode, visit nytimes.com/thedaily. Transcripts of each episode will be made available by the next workday.

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