Maloney Issues Statement on Biden Administration Memo on Ratifying the ERA

WASHINGTON, DC – On January 27, Rep Carolyn B Maloney, Chairwoman of the Committee on Oversight and Reform, issued the following statement on the release of an opinion from the Biden Administration’s Office of Legal Counsel (OLC) regarding the ratification of the Equal Rights Amendment (ERA):

“The Equal Rights Amendment has been ratified by 38 states, completed the required waiting period, and met all constitutional requirements for ratification. The ERA should be added to the Constitution immediately. Following my request, the Biden Administration’s Justice Department has now revisited a flawed Trump-era legal memo that tried to block recognition of the ERA’s ratification. The Justice Department’s new analysis acknowledges serious weaknesses in the Trump-era memo and clarifies that Congress— not the executive branch— is in control of amending the Constitution. In light of this, the Administration must not stand in the way of recognizing the ERA’s ratification, and should immediately instruct the Archivist of the United States to perform his duty under the law to publish the ERA as the 28th Amendment to the Constitution.”

In January 2020, the Trump Administration’s OLC issued a legal opinion weeks before Virginia ratified the ERA, attempting to block completion of the ratification process by directing the Archivist of the United States not to fulfil his statutory duty to certify and publish the amendment once it met the constitutional requirements. On January 8, 2020, the National Archives and Records Administration stated that it would “abide by the OLC opinion.”

On October 21, 2021, Chairwoman Maloney sent a letter to President Biden and Vice President Harris sharing a legal analysis from constitutional scholars affiliated with Columbia Law School’s ERA Project, concluding that the Trump Administration’s OLC opinion is legally unsound and should be withdrawn. The analysis found that the OLC opinion “sought to advance a policy preference against the ERA,” and is “lacking a thoroughly reasoned understanding of precedent and Congressional power under the Constitution.” Since October, some of the most prominent legal and constitutional scholars in the country have added their support and signatures to the analysis.

On January 26, 2022, Chairwoman Maloney joined Senators Richard Blumenthal, Amy Klobuchar and Catherine Cortez Masto, and Representative Jackie Speier in sending a letter to the OLC calling on them to withdraw the Trump Administration’s OLC opinion.

Two years ago, the ERA was ratified by the state of Virginia, the 38th and final state needed to meet the requirements of Article V of the U.S. Constitution for ratification of a constitutional amendment. Today, two years after ratification, the ERA goes into effect as the 28th Amendment to the Constitution.


NEW YORK – New York State Assemblyman Michael Tannousis (R, C-Staten Island/Brooklyn) released a statement on April 20 regarding the state budget.

Top Stories


A pregnant woman was driving in the HOV lane near Dallas.

General News

NEW YORK – Meropi Kyriacou, the new Principal of The Cathedral School in Manhattan, was honored as The National Herald’s Educator of the Year.


A Palestinian Baby in Gaza is Born an Orphan in an Urgent Cesarean Section after an Israeli Strike

RAFAH, Gaza Strip (AP) — Sabreen Jouda came into the world seconds after her mother left it.

SEATTLE  — A former Washington state police officer wanted after killing two people, including his ex-wife, was found dead with a self-inflicted gunshot wound following a chase in Oregon, authorities said Tuesday.

WASHINGTON (AP) — The Senate passed legislation Tuesday that would force TikTok’s China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.

AUSTIN - Tesla’s first-quarter net income plummeted 55%, but its stock price surged in after-hours trading Tuesday as the company said it would accelerate production of new, more affordable vehicles.

Enter your email address to subscribe

Provide your email address to subscribe. For e.g. [email protected]

You may unsubscribe at any time using the link in our newsletter.