The Equal Rights Amendment cannot be certified as part of the Constitution due to established legal, judicial and procedural decisions, according to archivists.
Senator Gillibrand argues President Biden could simply instruct the archivist to act on the E.R.A., which would likely lead to legal challenges.
Last month, 45 senators urged President Biden to act on the E.R.A. in letters emphasizing its importance for sex equality.
Colleen Shogan's statement reflects a long-standing position that Congress or the federal judiciary must determine the amendment's status, not the archivist.
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