The ERA could provide a strong basis for abortion access in the United States—but only if it's finally added to the Constitution.
In January 2022, President Biden: “The 2020 OLC opinion is not an obstacle either to Congress’ ability to act with respect to ratification of the ERA or to judicial consideration of the pertinent questions.” Thus, the determination of the ERA was given back to the states and Congress.
The current archivist did not publish the ERA, despite calls from the public and politicians alike—so the amendment remains in a gray area. But women’s rights and legal advocates hope to compel the current archivist to publish the Equal Rights Amendment as the 28th Amendment to the U.S. Constitution once and for all. Last month, the D.C. Circuit Court of Appeals heard oral arguments in the case of , brought by two of the three final states to ratify the ERA: Nevada and Illinois.
Pressure to finally add the ERA to the Constitution has been steadily increasing in recent years and is one of many vital issues facing America during theAs Steinem noted, “[The U.S.] is the only democracy in the world that does not include women.” The ERA would offer extensive protections to Americans, particularly regarding abortion rights, employment opportunities and LGBTQ+ rights.
“So we don’t want to say we told you so, but we told you so. We said for years the Equal Rights Amendment was necessary to protect the rights of women. And we would get pushback from people who would say, ‘Oh, we’ve got Roe, we’ve got X, Y, Z, we’ve got all of these things. We don’t need an Equal Rights Amendment.’ And of course, what do you really need in addition to these momentary bills and acts? Because that’s all they are. They could be washed away with the next vote.
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