Chop Wood, Carry Water 12/13
ERA YES!
Hi, all, and happy Friday!
Let me start by apologizing, with a rueful chuckle, to all of the “Last of the Mohican” fans out there. Yesterday I called the movie “somewhat awful” and boy, did I get an earful! The funny thing is I quite enjoyed the film myself, but I last saw it thirty years ago. I figured it would likely now seem dated, silly, and possibly offensive in its depiction of Native Americans. As a result I decided to couch my mention of it in harsher terms than I really felt. I retract the abovementioned descriptors. It’s a fine movie. There. I said it.
Now on to more important matters. There’s been much discussion in progressive circles of late about the Equal Rights Amendment, with some debating whether pushing President Biden to publish it in his last days is a worthwhile endeavor. You’ll be happy to know that Indivisible has weighed in, and they very much think it is. They sent an email this morning that I’ll quote here at length, as I think it provides a good summary of the history of this effort and the arguments for taking action now.
Here it is:
With a mere 38 days left before Trump 2.0 begins -- and his MAGA-packed cabinet and Congress begin to wreak their havoc -- we’re asking you to join the fight to codify the Equal Rights Amendment.
You may be familiar with the Equal Rights Amendment (it’s been around for a while), but in case you need a refresher:
The Equal Rights Amendment (ERA)
The Equal Rights Amendment is the proposed 28th amendment to the Constitution that would guarantee equal rights to all people regardless of sex. Drafted nearly a century ago, the ERA finally passed the threshold for certification in 2020 when Virginia became the 38th state to ratify.
Now, a broad coalition of medical, human rights, and pro-democracy groups are encouraging President Biden to instruct the National Archivist to publish and certify it -- the last step before it becomes the 28th Amendment to our Constitution (pending legal challenges…more on that below).
Getting the ERA published now would be a huge win for gender equality because not only does it guarantee equality regardless of sex, it also provides a critical legal tool that can be used to combat discrimination and protect reproductive rights, bodily autonomy, and so much more. As evidenced by the overturning of Roe v. Wade and the exponential increase in anti-trans legislation, the rights of individuals based on their sex are not sufficiently protected in our democracy. And while it’s not a silver bullet, the ERA would help protect women, girls, and LGBTQ+ Americans, who consistently find themselves as targets in Trump’s authoritarian agenda.
You may be wondering, “If the ERA was ratified four years ago, why isn’t it in the Constitution already?” Well, in 2020, after Virginia became the 38th state to ratify, the Trump administration blocked the National Archivist from officially publishing the ERA because of legal debates about the ratification process. And why didn’t President Biden publish it on day one? Well, probably because of the same legal debates.
Here’s the short version:
State rescissions: Five states that ratified the ERA later voted to rescind their ratification, hoping to make the proposed amendment fall short of the 38-state threshold required. But the Constitution says nothing about a process for rescissions, which is why states who rescinded their ratification of the 14th Amendment were still counted as having ratified it.
Time limits: When Congress initiated the amendment process, they set a deadline for ERA ratification that ultimately expired in 1982, when the ERA was just three states short of the 38-state threshold required. There’s some Supreme Court precedent allowing Congress to “fix a definite period for” ratification, so since 2020, there have been (bipartisan!) efforts in Congress to retroactively eliminate the original deadline; Biden has been essentially playing it safe and letting that fight unfold. But pro-ERA legal scholars say there are strong arguments to be made for why that past precedent shouldn’t block the ERA, and Biden should at least try to pull every lever he has before leaving office.
These are real debates. If Biden and Harris direct the archivist to publish the ERA immediately, it’s virtually certain to be challenged in court -- and undermined by the incoming Trump administration. We say: What else is new? Why not test it?
I tend to follow where Indivisible leads, so if they’re going all in on this fight I will, too. I’m adding a version of their script to our calls below—if you prefer to use their tool directly you can do so here. (For some reason they focus on asking VP Harris to lead the charge instead of President Biden; I’ve reverted to asking POTUS to do it here, as it seems more likely to me that his action would move the needle.)
I’m also including a few calls about House Democrats’ shocking support for the National Defense Authorization Act (NDAA) on Wednesday. This bill contained an awful anti-trans provision that was forced in by Speaker Johnson. Democrats could (and should) have opposed it; 81 of them, including Minority Leader Jeffries, declined to do that. You can read more about it in this post by (indispensable) trans activist
. Infuriating doesn’t begin to describe it.There’s a lot of disappointing behavior happening right now, folks. We must try to brace ourselves against it. Many will let us down, but some will pleasantly surprise us. Let’s keep looking for and supporting the latter group, while calling out the former sharply and unremittingly. In this way we can and will alter the course of events. We must believe that.
OK. Lest I make this too long a missive I’m going to end here. Hope you have a great weekend. Please get some rest and make sure to spend time with your people. It matters, a lot.
But first let’s do some work.
Call Your Senators (find yours here) 📲
Hi, I'm a constituent calling from [zip]. My name is ______.
I am concerned about Section 708 of the NDAA passed by the House on December 11. My understanding is that it eliminates health care through TRICARE for trans minors of military personnel. This provision will jeopardize the lives of trans youths and disrupt the lives of their military families. I want the Senator to vote against it and demand that it be stripped from the NDAA before s/he supports it. I won’t tolerate discrimination against trans Americans and the Senator shouldn’t either. [H/T Dorie Lemieux]
Also, I want the Senator to urge President Biden to publish the Equal Rights Amendment before leaving office. It has met the ratification requirements. It’s time. Thanks.
Call Your House Rep (find yours here) 📲
Hi, I'm a constituent calling from [zip]. My name is _______.
First, I’m calling to ask Representative [Name] to urge President Biden to publish the Equal Rights Amendment before leaving office. It has met the ratification requirements to become the 28th Amendment. It’s time.
Second, I am really disappointed that the NDAA was passed by the House on Wednesday with a terrible anti-trans provision in it. Section 708 eliminates health care through TRICARE for trans minors of military personnel. This will jeopardize the lives of trans youth and disrupt the lives of their military families. Did the Congressmember vote yes or no on it?
[If they opposed the NDAA, thank them. If they voted for the NDAA, which most Republicans and 81 Democrats did, add:]
I’m horrified to hear this. I won’t tolerate discrimination against trans Americans and the Congressmember shouldn’t have either. That was a very, very disappointing vote. I won’t forget it. Thanks.
Extra Credit ✅
House Minority Leader Hakeem Jeffries voted for the NDAA and declined to whip votes against it. Trans activists are furious and we should be, too. Let’s call him and ask him to do better.
(202) 225-5936 or (718) 237-2211 or (718) 373-0033
Suggested script:
My name is _______ and I’m calling Rep. Jeffries in his capacity as House Minority Leader. I understand that he voted for the National Defense Authorization Act this week even though it contained a viciously anti-trans provision. I also understand that he wouldn’t whip Democrats to oppose it, which resulted in 80 of them also voting yes. Do you know what a terrible message this sends to the LGBTQ community and those who love them? Do you realize how appalling this looks to Democrats who expect their leadership to stand up to MAGA attacks? I feel betrayed and disappointed by his vote. Rep. Jeffries needs to fight for trans Americans or step aside. Do better. Thanks.
Get Smart! 📚
The States Project, which raises money for state legislative races, is having a call next week called: “The Power of Policy: States are the Front Lines in a second Trump Presidency.” It’s on December 17th at 8pm ET.
As the country prepares for the incoming Trump administration, it’s clear that state legislatures are on the frontlines for safeguarding our freedoms and advancing policies that make everyday life better for all Americans. Please join them and hear more about the on-the-ground work happening right now, thanks to your past support.
Messaging! Messaging! Messaging! 📣
It has been reported that RFK Jr. now has at least 20 meetings scheduled with Senators on the Hill next week. That means that it is time to act, so that Republicans feel some heat and pressure to reject this nomination.
Protect Our Care has created this resource packet for allies: RFK Jr.’s Nomination for HHS Secretary Puts Lives At Risk
It includes lots of great materials—including a digital toolkit, messaging guidance, slides from Data For Progress’ findings, template materials to contact your Member of Congress, and more. Check it out, use it, and share it!
Resistbot Letter (new to Resistbot? Go here! And then here.) 💻
[To: POTUS] [H/T Indivisible Marin] [Text SIGN PPKNMH to Resistbot on Apple Messages, Messenger, Instagram, Telegram, or by text to 50409]
Please order the FBI to begin background checks into President-elect Trump’s nominees immediately and work to expedite the clearance process for the most sensitive jobs overseeing the State Department, Defense Department, Health and Human Services, and all national intelligence appointments including the CIA, FBI and Homeland Security.
We need you to protect us in every way possible from the dangerous and unqualified people Trump is trying to bring in. Thanks.
OK, you did it again! You helped save democracy! You’re amazing.
Talk soon.
Jess
I made my calls today. It’s a part time job to stay on top of all these atrocities.
Thank you for adding in the ERA to your great action items. Over the last month, I sent postcards I made, letters, called White House, Senators and shared with everyone. I have been pushing for the ERA since 1976. Why is this a "last ditch" democratic effort though? It has been "ready" for more than a year. Where was the leadership we needed?