New archivist says Equal Rights Amendment is still dead

The newly appointed U.S. Archivist, Bradford Wilson, has reaffirmed that the Equal Rights Amendment (ERA) remains unratified and thus not part of the U.S. Constitution, rejecting calls from advocates to formally recognize it as the 28th Amendment. Wilson took office this week, assuming responsibility for overseeing federal records, including the official compilation of the Constitution and its amendments. His decision comes amid ongoing debates over the legal status of the ERA, which was originally proposed by Congress in 1972. During his Senate confirmation hearing, Wilson stated that he agrees with the previous archivist's assessment that the ERA has not met the required number of state ratifications to become constitutional. The former archivist, Colleen Shogan, had determined that the amendment fell short of the necessary 38 states due to conflicting interpretations of deadlines and the validity of state rescissions. Wilson emphasized that he would uphold this position, citing alignment with the views of the Justice Department and the current deputy archivist. The ERA was initially sent to the states for ratification in 1972, with a deadline of 1979 for achieving the needed support. By that date, only 35 states had ratified the measure. In response, Congress extended the deadline by three years, but no additional states ratified the amendment during that period. Some states even passed resolutions to withdraw their earlier support, further complicating the issue. In recent years, efforts to revive the ERA gained momentum, particularly after Illinois, Nevada, and Virginia ratified the amendment. Supporters argue that these actions brought the total number of ratifying states to 38, meeting the constitutional requirement. However, they face opposition from those who contend that the original deadlines remain binding and that states retain the right to rescind their ratifications. Legal challenges seeking judicial recognition of the ERA have not succeeded, and a presidential proclamation by Joe Biden declaring the amendment effective was largely disregarded. This has led to increased pressure on the National Archives to formally recognize the ERA, drawing parallels to the process that certified the 27th Amendment in 1992. That amendment, originally proposed in 1789, was eventually ratified decades later through a grassroots campaign led by a Texas student named Gregory Watson. Wilson acknowledged the complexity of the situation, expressing a preference that the archivist not be involved in resolving constitutional disputes. He noted that the previous administration's stance was informed by legal counsel from the Justice Department, and he concurred with that interpretation. The deputy archivist, a long-serving career official, shared this perspective, reinforcing the consistency of the position taken by both predecessors and current leadership. The debate over the ERA's status continues to divide legal scholars, lawmakers, and activists. While proponents insist that the amendment meets all constitutional criteria for ratification, opponents highlight the unresolved questions surrounding deadlines and state rescissions. These issues have yet to be resolved through definitive legal rulings or legislative action, leaving the future of the ERA uncertain. Efforts to push for the amendment's recognition are likely to persist, with advocates exploring potential legal strategies and political avenues to achieve their goal. Meanwhile, the National Archives maintains its current stance, emphasizing adherence to established legal interpretations and historical precedents. As the discussion unfolds, the role of the archivist in determining the final fate of the ERA remains a focal point of contention among those invested in the outcome.