Alabama Attorney General Steve Marshall has addressed a letter to President Joe Biden and the Archivist of the United States, Colleen Shogan, urging adherence to constitutional procedures regarding the expired Equal Rights Amendment (ERA). The letter emphasizes honoring a litigation agreement with Alabama, Louisiana, and South Dakota related to the ERA.
The correspondence responds to reports of pressure on President Biden to direct the Archivist to certify and publish the 1972 ERA as the 28th Amendment. The Attorneys General pointed out that multiple court decisions have determined that the ERA expired decades ago.
Marshall stated, “The Constitution is our nation’s fundamental law, and its amendment process is designed to reflect the will of the people. The ERA of 1972 failed to gain the necessary support from the states before its deadline, and no court has since held that the deadline can be retroactively disregarded." He added that efforts "to circumvent the rule of law and sneak the ERA into the Constitution ignore this reality."
The letter also discussed potential policy implications if an unlawfully certified ERA were enacted. It warned it could mandate changes in policies affecting women's sports, shelters, state prisons, and college housing.
Past legal rulings upholding ratification deadlines were highlighted. The U.S. District Court for D.C. dismissed a lawsuit by three states seeking to compel certification of the expired ERA. The court ruled that “the deadline for ratifying the ERA … expired long ago.” This decision was upheld by a unanimous ruling from the U.S. Court of Appeals for D.C.
Joining Alabama in this initiative were Louisiana and South Dakota.