DOJ/OLC opinion blocking certification of the ERA

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Finish the Equal Rights Amendment

AKA “Affirm State-Led Constitutional Amendments Without Federal Obstruction”


Which agency/agencies promulgated the regulation? *
National Archives and Records Administration (NARA) / Department of Justice (DOJ)
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
N/A – relates to certification and constitutional recognition, not CFR language
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Notice of Proposed Rulemaking
What is the name of the regulation being rescinded, if applicable? *
DOJ/OLC opinion blocking certification of the ERA
Please provide a short summary of the justifications for the rescission. *
Rescind the DOJ legal opinion and direct the Archivist to certify the ERA as the 28th Amendment, acknowledging that the ratification threshold has been met.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
National Archives and Records Administration 700 Pennsylvania Avenue NW Washington, D.C. 20408
Please insert the contact information for the agency. *
Paperwork Reduction Act Officer, 301.837.0685
What is the background for the regulation being rescinded? *
Three-quarters of states have now ratified the ERA. A DOJ memo and procedural delay by the Archivist have blocked formal certification despite meeting all substantive requirements.
Explain the reasons for the rescission. *
Certification will: • Establish explicit constitutional protection against sex-based discrimination • Provide a legal basis to challenge discriminatory laws and policies • Uphold the legitimacy of the amendment process and state ratifications
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
The Equal Rights Amendment shall be recognized as the 28th Amendment to the Constitution and enforced accordingly across all federal and state statutes.
Please insert the name of the current agency head. *
Marco Rubio
Please insert the title of the agency head. *
Acting Archivist of the United States

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