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There is a controversy developing in North and SouthDakota where The Standing Rock Sioux tribe is prioritizing speakers of its native languages for its COVID-19 vaccine distribution. Federal and state laws do apply on Indian reservations despite their status as self-regulating states.
But it fell short of that constitutional threshold. Not only that, but four states — Nebraska, Tennessee, Idaho, Kentucky — rescinded their prior ratifications; a fifth, SouthDakota, set its ratification to expire if the ERA was not adopted by the 1979 deadline. Ginsburg was not the only one dismissive of these theories.
Such changes are like the shifting of tectonic plates, triggering earthquakes and volcanic eruptions in the legal lithosphere. In the law, the adjustment can take years, as collateral doctrines and applications shake out along new fault lines. For example, SouthDakota Gov. Jackson Women’s Health Organization.
As this matter returns to the states, it is striking to consider what has changed legally and socially in the past 50 years. Roughly 16 states are poised or expected to make abortion illegal immediately under so-called trigger laws. SouthDakota, Louisiana and Kentucky have immediate prohibitions that will come into effect.
In his final week as president, Joe Biden again invoked liberal professors to justify a plainly absurd constitutional argument by declaring that the 28th Amendment is now ratified. By invoking “leading legalconstitutional scholars,” Biden only added redundancy to absurdity in claiming that the Equal Rights Amendment is now law.
Archivist, Colleen Shogan recently explained that neither her office nor the White House have the authority to publish the amendment unilaterally or waive the deadline for ratification: In 2020 and again in 2022, the Office of Legal Counsel of the U.S. ” The reason is simple. The underlying argument is utterly ridiculous.
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