Olson writes:
“In a statement yesterday, Archivist Colleen Shogan and Deputy Archivist William J. Bosanko stated that they lack any legal power to carry out such an order, saying that the Equal Rights Amendment ‘cannot be certified as part of the Constitution due to established legal, judicial, and procedural decisions.’ Shogan and Bosanko should be applauded for insisting that legality must come first, even when it conflicts with the prevailing opinion in the governing party.”
Efforts to declare the Equal Rights Amendment ratified would, at best, invite a Supreme Court strike-down, if not further constitutional complications, for no apparent gain, Olson says.
A long line of Supreme Court opinions has developed the equivalent of an Equal Rights Amendment in practice through the Equal Protection Clause, with statutory enactments filling in further gaps, Olson notes.
If you would like to speak with Olson on this issue, please contact me to set up an interview.
