Rand Paul Questions Archivist Nominee on ERA Ratification Status
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Why this grade: Graded B+: accurately reports the nominee's statements aligning with the Archivist's official non-certification decision; minor context missing on ongoing legal and congressional debates over deadlines and rescissions
Why this lean: Straightforward clip of Senate hearing with no added commentary, framing, or selective emphasis
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Summary
The Forbes clip shows Sen. Rand Paul questioning U.S. Archivist nominee Professor Wilson on the Equal Rights Amendment's status. Paul references prior archivist views that the ERA was not ratified due to the original deadline and rescissions. The nominee agrees, citing the 1972 proposal deadline, post-deadline ratifications, rescissions, and the Biden-appointed archivist's decision not to certify based on DOJ opinions. The exchange also touches on declassifying Church Committee records and Postal Service reforms.
Editorial Assessment
The segment faithfully presents the nominee's position, which matches the National Archives' 2024-2025 statements that the ERA cannot be certified due to the enforceable deadline and related OLC opinions. Viewers miss that three states ratified after 1982, five rescinded, 38 states total have acted, and President Biden issued a 2025 statement calling it the 28th Amendment without ordering certification. Courts have upheld that it is not part of the Constitution. The clip is neutral but provides no counterarguments from ERA supporters or updates on congressional resolutions.
Key Moments
ERA was proposed in 1972 with a 7-year deadline that passed; later ratifications and rescissions occurred
Matches congressional records and Archivist statements; deadline extended once to 1982
Biden-appointed archivist and DOJ argued ERA had not been ratified due to deadline; she could not certify
Consistent with Archivist Shogan's Dec 2024 statement and 2020/2022 OLC opinions
Nominee agrees with prior archivist and intends to stick with that opinion
Direct from nominee's response in the hearing clip