SPRING 2022 · VOLUME XXXI I · NUMBER 2


EXECUTIVE EDITOR Katherine Spillar EXECUTIVE PRODUCER, MS. STUDIOS Michele Goodwin EXECUTIVE DIRECTOR, PARTNERSHIPS AND STRATEGY Jennifer Weiss-Wolf MANAGING EDITOR Camille Hahn ART DIRECTOR Brandi Phipps GLOBAL EDITOR Robin Morgan MONEY EDITOR Martha Burk BOOK REVIEW EDITOR Erin Aubry Kaplan DIGITAL EDITOR Roxanne Szal FUTURE IS MS. EDITOR Katina Paron CONSULTING EDITOR Gloria Steinem RESEARCH EDITOR Tory L. Davis COPY EDITOR Shayna Sobol PROOFREADER Melissa Brandzel SOCIAL MEDIA EDITOR AND PODCAST PRODUCER Oliver Haug EDITOR, COMMUNITY DEVELOPMENT Erica Hsu EDITORIAL ASSISTANT AND MEMBER SERVICES Meliss Arteaga EDITORIAL ASSISTANT, DIGITAL Katie Fleischer FACT-CHECKER Grace Jidoun STRATEGIC PLANNING/MARKETING ADVISER Kathy Bonk CONTRIBUTING EDITOR Carrie N. Baker CONTRIBUTING EDITOR, SCHOLAR WRITING PROGRAM Aviva Dove-Viebahn, Ph.D. CONTRIBUTING EDITOR, MS. CLASSROOM Michelle McGibbney Vlahoulis, Ed.D. PROGRAM DIRECTOR AND EDITOR, MS. CLASSROOM Karon Jolna, Ph.D.


RESEARCH FELLOWS Bri-Ann Hernandez, Lillian Marsh


EDITORIAL FELLOWS Meredith Abdelnour, Hannah Beck, Ramona Flores, Marty Garbarini, Madison Gusler, Khira Hickbottom, Juliet Schulman-Hall


EDITORS EMERITI Suzanne Braun Levine, Robin Morgan, Marcia Ann Gillespie, Elaine Lafferty


FOUNDING EDITORS Patricia Carbine, Joanne Edgar, Nina Finkelstein, Mary Peacock, Letty Cottin Pogrebin, Gloria Steinem


COMMITTEE OF SCHOLARS Chair Emeritus: Bonnie Thornton Dill, Ph.D., Dean, College of Arts and Humanities, U. of MD, College Park; Cochair: Carrie N. Baker, Ph.D., the Study of Women and Gender, Smith College; Cochair: Michele Tracy Berger, Ph.D., Women’s and Gender Studies, U. of N.C., Chapel Hill; R. Dianne Bartlow, Ph.D., Gender and Women’s Studies, CA State U., Northridge; Emily Bent, Ph.D., Women’s and Gender Studies, Pace U.; Kum-Kum Bhavnani, Ph.D., Faculty Representative to the Board of Regents, UCLA Office of the President; Audrey Bilger, Ph.D., President, Reed College; Jennifer Cognard-Black, Ph.D., Women, Gender and Sexuality Studies, St. Mary’s College of MD; Brittney Cooper, Ph.D., Women’s and Gender Studies/Africana Studies, Rutgers U.; Irasema Coronado, Ph.D., School of Transborder Studies, Arizona State U.; Aviva Dove-Viebahn, Ph.D., English, Arizona State U.; Julie R. Enszer, Ph.D., Women’s Studies, U. of MD, College Park; Kelly Finley, M.A., Women’s and Gender Studies, U. of N.C., Charlotte; Kryn Freehling-Burton, M.A., Women’s, Gender and Sexuality Studies, OSU; Radhika Gajjala, Ph.D., Media and Communications, Bowling Green State U.; Nicole Guidotti-Hernandez, Ph.D., English, Emory U.; Beverly Guy- Sheftall, Ph.D., Comparative Women’s Studies, Spelman College; Janell Hobson, Ph.D., Women’s, Gender and Sexuality Studies, SUNY at Albany; Illeana Jiménez, English, LREI High School; Valerie Ann Johnson, Ph.D., Dean, School of Arts, Sciences and Humanities, Shaw U.; Karon Jolna, Ph.D., UCLA Center for the Study of Women; Stacy K. Keltner, Ph.D., Gender and Women’s Studies, Kennesaw State U.; L. S. Kim, Ph.D., Film and Digital Media, UC Santa Cruz; M. Bahati Kuumba, Ph.D., Comparative Women’s Studies, Spelman College; Lisa Yun Lee, Ph.D., Art History, U. of IL, Chicago; Yi-Chun Tricia Lin (林怡君), Ph.D., Women’s Studies, Southern Connecticut State U.; Layli Maparyan, Ph.D., Wellesley Centers for Women, Wellesley College; C. Nicole Mason, Ph.D., President-CEO, Institute for Women’s Policy Research; Irma McClaurin, Ph.D., McClaurin Solutions; Linda Perkins, Ph.D., Applied Women’s Studies, Claremont Graduate U.; Barbara Ransby, Ph.D., African American Studies and History, U. of IL, Chicago; Loretta J. Ross, the Study of Women and Gender, Smith College; Susan Shaw, Ph.D., Women’s, Gender and Sexuality Studies, OSU; Carol Stabile, Ph.D., Associate Dean, Women’s, Gender and Sexuality Studies, U. of Oregon; Karla J. Strand, GWS Librarian, U. of Wisconsin System; Nayereh Tohidi, Ph.D., Gender and Women’s Studies, CA State U., Northridge; Patricia Trujillo, Ph.D., Deputy Cabinet Secretary of Higher Education, New Mexico; Gina Athena Ulysse, Ph.D., Feminist Studies, UC Santa Cruz; Michelle McGibbney Vlahoulis, Ed.D., Women and Gender Studies, Arizona State U.


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letters


ERA IS RATIFIED, ARCHIVIST MUST ACT March 22 marked the 50th anniver- sary of congressional passage of the Equal Rights Amendment (ERA). On this anniversary of a historic step to- ward equality in our country, I am writing to share new legal analyses from leading constitutional experts Laurence Tribe, Kathleen Sullivan and former Sen. Russ Feingold [D- Wis.], which confirm the ERA is “currently a valid part of the United States Constitution,” and state that David S. Ferriero, as archivist of the United States, “can and should certi- fy and publish the ERA as the 28th Amendment to the Constitution without delay.” On March 22, 1972, following an


overwhelming vote for passage in the House, the Senate voted overwhelm- ingly in favor of sending the ERA to states for ratification. Over the inter- vening years, 38 states voted to ratify the ERA and enshrine gender equali- ty in our Constitution. In January 2022, all legal thresholds for consti- tutional amendment were met and the archivist was required by statute to certify and publish the ERA as the 28th Amendment. The National Archives previously


took the position that Ferriero was prevented from carrying out his statutory duty to certify and publish the ERA by a legal opinion issued in 2020 by the Trump administration’s Office of Legal Counsel (OLC). The Trump OLC opinion was a


highly politicized, legally defective attempt to obstruct the ERA’s path toward ratification. The Committee on Oversight and Reform previously received an analysis from preeminent constitutional and legal scholars affil- iated with Columbia Law School’s ERA Project,


the OLC opinion “sought to advance a policy preference against the ERA,” and was “lacking a thoroughly rea- soned understanding of precedent and congressional power under the Constitution.” On Jan. 26, the OLC issued a new


opinion acknowledging flaws in the Trump-era memo and clarifying that Congress—not the executive branch—is in control of amending the Constitution. The committee has now received additional legal analy- ses from Tribe, Sullivan and Feingold on the effect of this new OLC opin- ion on Ferriero’s statutory authority. Feingold, who served as chair of


the Senate Judiciary Committee’s Subcommittee on the Constitution, stated: “The archivist’s very limited role in the amendment process, de- fined by federal statute, is widely un- derstood to be ‘ministerial’ in nature and the text of Article V ascribes no role to the executive branch at all.” Tribe, the Carl M. Loeb University


Professor Emeritus of Constitutional Law at Harvard Law School, wrote, “My conclusion as a constitutional scholar is that the ERA is currently a valid part of the United States Consti- tution, that Congress should act con- currently to recognize it as such, and that even if Congress takes no such action the Archivist should publish it as the Twenty-Eighth Amendment.” Women and people of all margin-


including Erwin


Chemerinsky and Martha Minow, concluding that the Trump adminis- tration’s OLC opinion was based on a faulty legal analysis and should be withdrawn. The analysis found that


alized genders across the U.S. con- tinue to experience discrimination on the basis of sex. The only way to ensure true and equal protection un- der the law is to cement the ERA into the Constitution. As chair- woman of the committee with juris- diction over the National Archives, and as a woman whose rights under the law are still not fully reflected in our nation’s founding document, I urge the archivist to carry out his ministerial duty without delay. —Rep. Carolyn B. Maloney (D-N.Y.) Chair, Committee on Oversight and Reform Washington, DC


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