NEWS
For up-to-the-minute coverage on issues related to gender equality and our work, please follow us on Facebook and Twitter. In addition, a regularly-updated collection of relevant media coverage is pinned on our Twitter profile. More detailed information is below.
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Shattering Glass is Thrilled to Announce 46 US Senators Urge President Biden to Publish The Equal Rights Amendment.​
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We are thrilled to report that 46 US Senators, led by Senator Kirsten Gillibrand, urged President Biden to immediately instruct the US Archivist to publish the Equal Rights Amendment as the 28th Amendment.
In the letter, the Senators noted:
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The ERA is the most powerful tool available to put an end to the rollback of women’s rights, as well as civil rights more broadly. It would serve as our best chance to guarantee equality for all, free from the whims of anti-equality judges and politicians; guarantee equal pay and opportunities; restore reproductive rights; protect women from domestic violence and sexual harassment; put an end to gender and pregnancy discrimination; and more.
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As you know, Shattering Glass has been leading the efforts to ensure ERA publication, and we have been working closely with Senator Gillibrand, members of the Senate Judiciary Committee, and other Senators to make that a reality. The letter was sent privately to the White House on November 22nd, and it was not made public until December 2nd.
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We are incredibly grateful for these Senators and all that they continue to do for gender equality. As they recognize, we will never attain gender equality without constitutional equality. Publication of the ERA is the first critical step.
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ICYMI - Biden Publish the ERA Town Hall Featuring Senaror Gillibrand
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For those of you unable to attend our Biden Publish The ERA Digital Town Hall Featuring Senator Kirsten Gillibrand, and moderated by our Executive Director, Nicole Vorrasi Bates, you may watch the entire Town Hall HERE.
And for a clip of Senator Gillibrand's remarks, see HERE. Please share these videos far and wide.
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The response was incredible! The Town Hall included a discussion of the recent letter from 46 Senators, led by Senator Gillibrand, to President Biden and made clear precisely why he must publish the ERA immediately!
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Shattering Glass and its Reproductive Health Coalition Partners Urge the President to Publish The ERA to Address the Current Healthcare Crisis
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On November 15th, Shattering Glass and its partners in the Reproductive Health Coalition, a wide-range of health professional associations and reproductive justice and other allied organizations, issued a Statement urging President Biden to publish the ERA "to address the current healthcare crisis, guarantee equality and bodily autonomy, and stop the further rollback of fundamental rights, which is certain to ensue without the Equal Rights Amendment."
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These medical professionals and reproductive justice allies are on the frontlines, witnessing the far-reaching and devastating impacts abortion restrictions have on not just reproductive healthcare, but all healthcare.
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For additional details, see our Press Release.
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Presidential Historian Calls For President Biden To Publish the Equal Rights Amendment.
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On Novemeber 10th, CNN Presidential Historian Tim Naftali of Columbia argued President Biden should publish the Equal Rights Amendment to secure his legacy as a champion for women and make clear "American women are protected, respected and have equal rights."
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Leading OB-GYN Organizations Call for Publication of the Equal Rights Amendment.
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On October 10th, the American College of Obstetricians and Gynecologists, American Society for Reproductive Medicine, American Urogynecologic Society, Society of Family Planning, Society of Gynecologic Oncology, Society for Maternal-Fetal Medicine, and the Society for Reproductive Endocrinology and Infertility issued a Statement, calling upon the Biden/Harris Administration "to do everything in their power to finalize the Equal Rights Amendment so that the promise of equal rights under the law, including the right to access comprehensive reproductive health care such as abortion, may be realized."
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In doing so, these organizations, which represent OB-GYNs and fertility specialists across the country, emphasized the urgent need for the ERA to protect/restore access to critical reproductive healthcare. The ERA will also stop the courts from instituting a national abortion ban, which is imminent, regardless of who wins the 2024 elections. ​​​
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Shattering Glass applauds the actions taken by these leading medical professionals and looks forward to continuing our work together to ensure the publication of the ERA. For additional information, including a link to the organizations' Statement, see Shattering Glass's Press Release.
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Women's [In]Equality Day Truths!
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​​​​​​​​​​Biden/Harris Administration Ignore Warnings From ABA and Shattering Glass That Women Will Lose 14th Amendment Equal Protection.
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On July 31, 2024, Shattering Glass sent a letter to Vice President Harris describing the urgent need for publication of the Equal Rights Amendment. One of the most significant reasons the ERA must be published immediately is to stop SCOTUS from stripping women, girls and LGBTQIA+ people of 14th Amendment Equal Protection in US v Skrmetti, which is currently pending before the court.
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On August 14th, we had a very productive call with Vice President Harris's team. At that time, they requested additional information on, among other things, the roadmap SCOTUS has provided of its intention to eviscerate 14th Amendment sex-based Equal Protection. In our August 21, 2024 Memorandum to Erica Songer, Counsel to the Vice President, we reiterated the urgent need to publish the ERA as the 28th Amendment by August 26th, the day before the US's brief, where they will defend sex-based 14th Amendment Equal Protection, is due in US v. Skrmetti. The ERA is critical to stopping SCOTUS for issuing its intended decision.
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Despite our efforts, the White House refused to engage on the December 5, 2023, letter from 84 diverse organizations and medical associations to the President, warning about the above Skrmetti case and urging immediate publication. Nonetheless, given the urgency, we sent a Memorandum to President Biden's most senior advisors on August 23rd, again stressing the need to publish the ERA by August 26th.
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Unfortunately, the White House subsequently issued its 2024 Proclamation For Women's Equality Day, which contradicts the official Biden Harris position referenced in our Memoranda to the President and Vice President. In addition, it seemingly indicates a continued refusal to publish the Equal Rights Amendment as the 28th Amendment, ignoring the dire warnings of the ABA and Shattering Glass.
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For additional information, including a deeper dive on the duplicitous 2024 Proclamation For Women's Equality Day and Memoranda to the President and Vice President, see Shattering Glass's Press Release.
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The ABA Calls for Publication and Implementation of the Equal Rghts Amendment.
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On August 6th, the American Bar Association ("ABA") passed a Resolution acknowledging the Equal Rights Amendment (“ERA”) is the 28th Amendment to the Constitution and calling for its immediate publication and implementation. In doing so, the ABA emphasized the urgent need for the ERA given the courts intend to strip women, girls and LGBTQIA+ of 14th Amendment "Equal" Protection on the basis of sex.
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Shattering Glass applauds the actions taken by the ABA and looks forward to working together to ensure the publication and implementation of the ERA. For additional information, including a link to the ABA Resolution and related Report, see Shattering Glass's Press Release.
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Shattering Glass and its Partners Oppose Restrictions on Access to Reproductive and Gender-Affirming Healthcare.
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On July 9th, Shattering Glass and its partner organizations urged Congress to reject any appropriations bills that contain riders that would restrict access to essential health care, including abortion, contraception, fertility, and gender-affirming care. The full letter and a complete list of signatories may be found HERE.
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SCOTUS Kicks the Can on Mifepristone, Delaying the Inevitable, with its decision in Alliance For Hipprocratic Medicine v. FDA.
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As you know, Shattering Glass filed an amicus brief at each stage of the Alliance For Hippocratic Medicine v. FDA litigation, arguing for the continued availability mifepristone, the drug predominantly used for medication abortions. When the US Supreme Court issued its decision last week, many breathed a sign of relief. Some went so far as to claim victory.
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This was not a victory.
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SCOTUS ruled that the Alliance For Hippocratic Medicine lacked legal standing to sue. That is a decision based on procedural requirements, not on whether mifepristone should remain available. What does that mean? Possession of mifepristone remains illegal in some states.
And the case wasn’t even dismissed; it was remanded for further proceedings. Why? In November, three states – Idaho, Missouri and Nebraska – sought to intervene in the lawsuit. So we need to start the process all over again.
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SCOTUS simply delayed the inevitable. When it next hears the case, they are poised to enact a national abortion ban by utilizing the Comstock Act. Unless, of course, President Biden publishes the Equal Rights Amendment. See our recent blog “Is a National Abortion Ban Inevitable?” for a deeper dive.
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"Unequal Protection of the Laws For Women is Constitutional Terrorism, So How Come Nobody Knows About It?"
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In her recent article published in Ohio Northern University Law Review, "Unequal Protection of the Laws For Women is Constitutional Terrorism, So How Come Nobody Knows About it?", Wendy Murphy, a lawyer and long-time advocate for the Equal Rights Amendment, shines a light on the ERA.
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The article discusses the history of the ERA, why its needed, where is stands today, the forces that have been and continue to work against equality for women, and why the ERA must be published immediately as the 28th Amendment. It is a must read. The full complete article may be found HERE.
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​Shattering Glass Leads 84 Organizations in Calling For President Biden to Publish The Equal Rights Amendment.
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On December 5th, Shattering Glass led 84 organizations and professional associations from across the country in calling on President Biden to instruct the US Archivist (“Archivist”) to publish the Equal Rights Amendment (“ERA”) as the 28th Amendment to the Constitution.
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For the past two years, Shattering Glass has been educating the public, as well as organizations (beyond gender and racial justice organizations where the benefits of the ERA are more obvious )whose missions are furthered by the Equal Rights Amendment. These 84 organizations and professional associations from across the nation are a diverse group that includes:
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Democracy and voting focused organizations, such as the American Constitution Society, Free Speech For People, and Center For Common Ground;
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Military focused organizations, such as Combat Sexual Assault, Military & Veteran Women's Coalition, and Women Injured in Combat;
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Organizations focused on LGBTQIA+ rights, such as Equality Illinois, National Center for Lesbian Rights, and the Trans Formations Project;
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Youth led/focused organizations, such as Generation Ratify, Girls Inc., and The Feminist Front;
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Organizations focused on reproductive rights, such as Saratoga Caucus for Reproductive Rights;
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Medical Associations and Organizations, such as American Medical Women’s Association, Civic Health Alliance, Doctors For America, National Association of Nurse Practitioners in Women's Health, Patient Care Heroes and Physicians for Reproductive Health;
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Political parties and organizations, such as Democrats Abroad, Greene County Ohio Democratic Party, National Women’s Political Caucus, and the Ohio Democratic Women's Caucus; and
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Other professional associations and organizations, such as Illinois Federation of Teachers, The Ohio Federation of Business & Professional Women, and Women Employed.
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All of this in addition to numerous national, state and local gender and racial justice organizations, such as the American Association of University Women, Equality Now, Indivisible, Jewish Women International, National Council of Negro Women, Sojourners, and ZONTA International.
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The full letter and a complete list of signatories may be found HERE.
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And here is a copy of our Press Release.
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We are so very grateful for all of our partners in this effort!!! And, as requested, individuals, companies or organizations may sign-on to express support HERE.
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Shattering Glass Files a Third Amicus Brief with SCOTUS in Support of Mifepristone.
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On August 15, 2023, the US Court of Appeals for the 5th Circuit held that mifepristone may remain on the market, but the Court imposed additional restrictions, such as limiting its use to the first seven weeks of pregnancy and eliminating access through telemedicine and mail-order delivery. Based on a prior US Supreme Court ruling, these restrictions have not taken effect.
The Government appealed the decision to SCOTUS. On October 12, 2023, Shattering Glass and its partners in the Reproductive Health Coalition filed an amicus brief in support of the safety, efficacy and critical importance of mifepristone access, which includes updated, tragic, heartbreaking experiences of medical professionals. A copy of our amicus brief may be found HERE.
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For a summary of the earlier proceedings, as well as our amicus briefs, please see our recent blog "Our Fight For Mifepristone And So Much More."
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Shattering Glass Named One of "21 Leaders For The 21st Century."
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We are thrilled to announce Shattering Glass has been named as one of
Women's eNews' "21 Leaders For the 21st Century" for our courageous work
fighting for gender equality. It is an honor to be included with these
amazing women and organizations. If you are in NYC, we hope you will join
us at the Gala on November 14th to celebrate. For more information on the
"21 Leaders For the 21st Century" and the award recipients, see HERE.
Tickets for the Gala are available HERE.
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Democrats Abroad Unanimously Passes Resolution Calling For the Bien Administration to Immediately Publish The ERA.
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Democrats Abroad is equivalent of a state Democratic Party - the official arm of the Democratic Party for the millions of Americans living outside the United States.
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On November 12, 2023, Democrats Abroad unanimously passed a resolution calling for the Biden Administration to immediately publish the Equal Rights Amendment. Copies of the resolution, which was transmitted to President Biden, Vice President Harris, as well as the Majority Leader of the Senate (Schumer), the Minority Leader of the House of Representatives (Jeffries), the Archivist of the United States, and the Chair of the Democratic National Committee (Jaime Harrison).
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Democrats Abroad is the second state Democratic Party to call for President Biden to publish the Equal Rights Amendment, after the North Carolina Democratic Party did so at the end of June. We expect additional state Democratic Parties to join in the call in the very near future.
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UN Commission on Human Rights Urges Biden Administration To Publish the Equal Rights Amendment.
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Gender equity and equality advocates recently submitted to the UN Human Rights Committee a list of ongoing human rights violations occurring in the United States as prohibited under the International Covenant on Civil and Political Rights. The failure to include the ERA in the Constitution is at the forefront, and it was expressly requested that the Human Rights Committee urge the US to publish the Equal Rights Amendment as the 28th Amendment.
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On November 3, 2023, in its concluding remarks and in response to the report submitted by the United States, the UN Human Rights Committee stated:
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"18. While welcoming the various measures taken by the State party to advance gender equality, including the establishment of the White House Gender Policy Council in 2021, the Committee regrets the lack of explicit guarantee in the Constitution against sex and gender-based discrimination (arts. 2 and 3).
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19. The State party should redouble its efforts to guarantee protection against sex
and gender-based discrimination in its Constitution, including through initiatives such
as the Equal Rights Amendment. The State party should also consider ratifying the
Convention on the Elimination of All Forms of Discrimination against Women and its
Optional Protocol (emphasis in original)."
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It is hardly surprising that the UN is concerned about the status of the ERA. According to the World Economic Forum, in 2023, the US was ranked 43rd for gender equality. That is a 16 place drop from 2022, and this will only get worse unless the ERA is published.
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Shattering Glass Files an Amicus Brief with SCOTUS in Support of Mifepristone.
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On August 15, 2023, the US Court of Appeals for the 5th Circuit held that mifepristone may remain on the market, but the Court imposed additional restrictions, such as limiting its use to the first seven weeks of pregnancy and eliminating access through telemedicine and mail-order delivery. Based on a prior US Supreme Court ruling, these restrictions have not taken effect.
The Government appealed the decision to SCOTUS. On October 12, 2023, Shattering Glass and its partners in the Reproductive Health Coalition filed an amicus brief in support of the safety, efficacy and critical importance of mifepristone access, which includes updated, tragic, heartbreaking experiences of medical professionals. A copy of our amicus brief may be found HERE.
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For a summary of the earlier proceedings, as well as our amicus briefs, please see our recent blog "Our Fight For Mifepristone And So Much More."
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On Women's Equality Day, Shattering Glass's Executive Director Speaks with Presidential Candidate Marianne Williamson about the Equal Rights Amendment.
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On August 26, 2023, our Executive Director, Nicole Vorrasi Bates, along with colleague Lisa Sales, spoke with Presidential Candidate Marianne Williamson on the immediate need for the Equal Rights Amendment. Marianne understands that the ERA will guarantee equality for all, stop the attacks on women, girls and the LGBTQ+ community, and protect reproductive rights. And she promised to publish the ERA on Day 1 of a Williamson Administration. You may listen to the full discussion HERE.
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Shattering Glass's Executive Director Speaks on Getting the Equal Rights Amendment Over the Finish Line
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On June 20, 2023, our Executive Director, Nicole Vorrasi Bates, participated in Clearinghouse on Women's Issues' panel "When Will Women's Voices Be Heard? When Will The Equal Rights Amendment Be Implemented?" You may listen to the panel here, and Nicole's presentation begins at 53:00.
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Shattering Glass Files A Second Amicus Brief With The US Court of Appeals For The 5th Circuit In Support of Mifepristone
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On April 21, 2023, the US Supreme Court ("SCOTUS") issued its decision in Alliance of Hippocratic Medicine v. FDA, staying the lower Courts' prior rulings, thereby keeping mifepristone available pending a resolution of the merits of the case. For a summary of the earlier proceedings, as well as our amicus briefs, please see our recent blog "Our Fight For Mifepristone And So Much More."
The case has been sent back to the 5th Circuit for a decision on the merits. On May 2, 2023, Shattering Glass filed its second amicus brief with the 5th Circuit. Our briefs have been cited by the Department of Justice Attorneys representing the FDA, as well as in the amicus brief filed by 253 members of the US Congress. A copy of Shattering Glass's May 2nd amicus brief can be found HERE.
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Oral argument before the 5th Circuit will be held on May 17th, and it will be livestreamed HERE. While the case remains on a fast track, and most certainly will be appealed to SCOTUS, regardless of the 5th Circuit's decision, a decision on the merits may not come until later this summer.
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Shattering Glass Files An Amicus Brief With SCOTUS In Support of Mifepristone
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Following the Fifth Circuit's decision, which upheld certain restrictions on mifepristone, including availability by mail and after seven weeks of pregnancy, the US Food and Drug Administration filed an appeal with the US Supreme Court ("SCOTUS").
On April 14th, Shattering Glass, along with its partners in the Reproductive Health Coalition, including founding members Doctors For America and American Medical Women’s Association, again filed an amicus brief in support of the FDA and the continued approval of mifepristone. A copy of Shattering Glass's amicus brief can be found HERE. The brief details the far-reaching impact removing and/or restricting access to mifepristone will have; this is about way more than abortion.
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SCOTUS stayed the Courts' prior rulings, so mifepristone remains available. We expect SCOTUS to issue its decision on Friday, April 21st.
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Shattering Glass Files An Amicus Brief With the 5th Circuit of the US Court of Appeals In Support of Mifepristone
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On April 7, 2023, a Texas judge issued a ruling in Alliance For Hippocratic Medicine v. FDA, withdrawing the FDA approval of mifepristone, a drug that has been approved for use to effectuate chemical abortions for the last 23 years. The decision was stayed for seven days to give the FDA time to appeal.
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The appeal was filed with the conservative 5th Circuit of the US Court of Appeals by the FDA on April 10, 2023. On April 11, 2023, Shattering Glass, along with its partners in the Reproductive Health Coalition, including founding members Doctors For America and American Medical Women’s Association, filed an amicus brief in support of the FDA and the continued approval of mifepristone. A copy of Shattering Glass's amicus brief can be found HERE.
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It should be noted that mere hours after the Texas ruling was issued, a Washington judge issued a preliminary injunction, blocking the FDA from altering availability of mifepristone, but that decision is limited to the 16 states and the District of Columbia, who sued the Biden Administration to protect access. A copy of the ruling may be found HERE.
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The conflicting rulings have all but guaranteed that the issue is on the fast tract to the US Supreme Court. We will continue to fight for access and keep you updated.
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Our Executive Director Discusses the ERA on the Lisa Wexler Show
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March 31, 2023. To close out Women's History Month, our Executive Director, Nicole Vorrasi Bates, appeared on the Lisa Wexler Show, based out of Connecticut and the greater New York metropolitan area. Nicole, along with colleague Jean Sweeney, Esq., explain how the Equal Rights Amendment is the 28th Amendment and why it needs to be published in our Constitution now more than ever. The entire episode may be found HERE.
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Activists Protest Outside National Archives Demanding Publication of the ERA
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March 28, 2023. Immediately following the ERA Caucus Press Conference, Shattering Glass, along with partners Equal Means Equal, Generation Ratify, Catholics For Choice, Equal Rights Action, and Justice Revival, protested outside the National Archives (where the US Archivist is located) demanding publication of the Equal Rights Amendment. We shut down blocks of Constitution Avenue and the surrounding area, as well as access to 395S, a major outlet from downtown DC, for hours. It resulted in traffic delays, extending an already difficult rush hour and infuriating opponents of equality. For additional coverage, please check us out on Facebook and Twitter. ​
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US Congresswomen Establish First Evert Congressional ERA Caucus
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March 28, 2023. Today, Representatives Cori Bush and Ayanna Pressley, established the first ever Congressional ERA Caucus to ensure that the Equal Rights Amendment ("ERA") is finally enshrined in our Constitution as "Equality is overdue; it is passed due, and we need it now!”
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They were joined by Representatives Becca Balint, Nanette Barragán, Judy Chu, Madeleine Dean, Lois Frankel, Steven Horsford, Sydney Kamlager-Dove, Barbara Lee, Sheila Jackson Lee, Summer Lee, Jennifer McClellan, Mark Pocan, Delia Ramirez, Jamie Raskin, and Abigail Spanberger, all of whom will serve as Vice-Chairs of the historic ERA Caucus.
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At the related Press Conference, Representative after Representative emphasized that the ERA is long overdue and that we must make it a national priority to protect women, girls and LGBTQ+ people, particularly those of color, from ever-increasing attacks, legislative or otherwise.
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Representative Bush noted "38 states have ratified the ERA and all steps necessary to amend the Constitution, they have been completed. And all that is standing in the way is some paperwork."
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And Representative Sheila Jackson Lee drove it home:
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I want to make sure we say it again. This constitutional amendment IS valid, not to be valid, IS VALID for all intents and all purposes as part of the United States Constitution having been ratified by the legislatures of ¾ of the several states. It is done. It is done. It is done. Ratified and ready. It is done.
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That's right. All we need is for President Biden to publish it.
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The full Press Conference may be viewed HERE.
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Shattering Glass Submits Written Testimony to the Senate Judiciary Committee
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March 7, 2023. Shattering Glass submitted written testimony to the Senate Judiciary Committee for inclusion in the formal record of its Hearing: "The Equal Rights Amendment: How Congress Can Recognize Ratification and Enshrine Equality in Our Constitution." A copy of our written testimony may be found HERE.
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By way of summary, we highlight why the ERA is desperately needed. And, in response to the hearing and the Court's decision in Illinois v. Ferriero, we call upon Congress to send a message to the Biden Administration to publish the ERA immediately to end the ongoing attacks on the rights of women, girls and LGBTQIA+ people and finally enshrine equality for all, a bedrock of our nation, in the Constitution.
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Senate Judiciary Committee Holds Hearing on the Equal Rights Amendment for the First Time in Nearly 40 Years
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On February 28, 2023, we attended the Senate Judiciary Committee Hearing: "The Equal Rights Amendment: How Congress Can Recognize Ratification and Enshrine Equality in Our Constitution," the first Senate hearing on the ERA in nearly four decades. A video of the hearing may be found HERE.
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The room was packed with both proponents and opponents of equality to hear testimony related to the ERA and S.J.Res. 4, a bipartisan resolution affirming the validity of the ERA. And still others were waiting to get in.
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As one would expect, the opponents of the ERA focused on two issues. The ERA would permit abortions up until the moment of birth, and it would prohibit any regulations based on sex, which would put women's safety at risk and deny girls opportunity to play sports. Fearmongering at its finest as these arguments are grounded in neither fact nor law. Senator Graham even gleefully announced the decision in Illinois v. Ferriero, which, ironically, was issued in the middle of the hearing, to support his false claim that the ERA was dead.
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On three separate occasions, brave protestors from Equal Means Equal disrupted the hearing, referring to it as an orchestrated fraud designed to give President Biden cover for blocking and fighting against the ERA, and calling for its immediate publication. See HERE for footage.
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U.S. Court of Appeals Issues Decision In Illinois v. Ferriero
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February 28, 2023. As the Senate Homeland Security and Governmental Affairs Committee held its second hearing on the nomination of Colleen Shogan for U.S. Archivist, and the Senate Judiciary Committee held the first hearing the Equal Rights Amendment ("ERA") in nearly 40 years, the U.S. Court of Appeals for the DC Circuit rendered its decision in Illinois v. Ferriero. A copy of the decision may be found HERE.
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Noting that the grounds for compelling a government employee to act “are narrow, and the demands are austere,” the court sided with the Biden Administration and affirmed the lower court’s dismissal of the case for lack of jurisdiction. Specifically, the Court held that that the plaintiff states failed to meet their burden to prove that that the US Archivist’s duty to publish was “clear and indisputable” and that the US Archivist was clearly wrong, due to the existence of the arbitrary deadline in the proposing clause of the ERA.
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While the Court's decision was disappointing, it did not rule that the deadline is valid or that the ERA could not be published! Simply that the plaintiffs could not meet the nearly impossible standard applied to compel publication.
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The Court’s decision and the heightened, seemingly insurmountable burden of proof applied to proponents of equality, solely as a result of the unlawful interference by the Trump and Biden Administrations with the constitutional amendment process, make publication of the ERA critical to establishing the validity of the ERA and equality for more than half of Americans.
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Once published, the ERA will be presumed valid, and the burden will shift back to the opponents of equality to prove that the ERA is invalid. Exactly where it should be and would have been, in accordance with the constitutional amendment process, but for the Executive Branch’s interference.
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[This decision makes clear that we must continue to put pressure on President Biden to immediately publish the ERA.
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Medical Associations Weigh In on the Need for the ERA and Urging President Biden to Act in Wake of Dobbs Decision
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September 12, 2022. Last week, our partners at the American Medical Women's Association sent a letter to President Biden, urging him to publish the Equal Rights Amendment without further delay to save our reproductive rights and guarantee equality for all.
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Similarly, the American Medical Association, American Pharmacists Association, American Society of Health-System Pharmacists, and National Community Pharmacists Association issued a Joint Statement, detailing uncertainty and disruptions in care post-Dobbs, which highlight the urgent need for a federal framework. A copy of the Joint Statement may be found HERE.
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34 Senators Urge Biden to Act in Wake of Dobbs Decision
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June 25, 2022. Immediately following the Dobbs v. Jackson Women's Health Organization decision, 34 Senators wrote to President Biden demanding that he take immediate action.
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Noting "we cannot stand idly by as Republicans rip away women’s rights" and acknowledging that Biden has the power to fight back, the Senators urged him to use immediately every tool available to him. Yet they did not specify the tool.
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The tool is the Equal Rights Amendment. If Biden stops blocking and fighting against the ERA in court, like Trump, he can save Roe v. Wade and equality for all.
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SCOTUS Issues Opinion in Dobbs, Overturning Roe v. Wade & Casey v. Planned Parenthood
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June 24, 2022. Today, the Supreme Court issued its long-awaited decision in Dobbs v. Jackson Women's Health. Not only did the Court overturn Roe v. Wade, but it eviscerated women's rights to equal protection under the 14th Amendment, setting us back to 1868. A copy of the decision may be found here.
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This decision makes publication of the Equal Rights Amendment, which saves Roe v. Wade and equality for all, even more urgent. See our blog "Democrats Have Key to Unlock Equality for All and Save Roe" for additional information.
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Based on our discussions with Congress and the White House, it is going to take a large public outcry pressuring the President to publish the ERA. In the days and weeks to come, we will post action items for you to consider taking. Please join our mailing list and/or check back regularly.
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Also, please follow us on social media, share our posts/tweets, and spread the word to like-minded friends and colleagues. Here is a video we took at the protest at SCOTUS this afternoon following the release of the opinion.
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IMMEDIATE RELEASE: How Publication of Equal Rights Amendment Saves Roe v. Wade
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May 9, 2022. The leaked Supreme Court opinion in Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade, is only a draft, and Roe remains the law of the land.
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Although this is an unprecedented leak from the nation’s highest court, overturning Roe was not unexpected. However, the draft Dobbs opinion dismantling a federal Civil Rights framework, if finalized, would, under the originalist/textualist interpretation of the Constitution, allow the states to create their own Civil Rights framework around contraception, same sex marriage, interracial marriage and more.
​Validation of the Equal Rights Amendment, through publication, can save Roe and is now more important than ever.
A brief summary of the immediate steps needed to save the Civil Rights framework of Roe and the accompanying analysis may be found HERE.
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Publication of the Equal Rights Amendment Saves Roe v. Wade
and More
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May 5, 2022. The Equal Rights Amendment ("ERA") has been ratified by 38 states and, having met all of the constitutional amendment requirements, is currently the 28th Amendment of our Constitution.
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Since November, Shattering Glass has worked tirelessly to secure its publication. We have had countless meetings and correspondence with White House Counsel and U.S. Senators regarding the publication of the ERA and how it can save Roe v. Wade and equality for all.
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In light of the draft opinion in Dobbs v. Jackson Women’s Health Organization that was leaked earlier this week, more is at stake than expected, making publication that much more urgent.
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The strategy to save reproductive rights may be found HERE.
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Visit our Take Action Page to find out how you can help!
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Draft Opinion in Dobbs v. Jackson Women's Health
Organization Leaked
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May 3, 2022. Last night, a draft Supreme Court opinion in Dobbs v. Jackson Women’s Health Organization, which would overturn Roe v. Wade was leaked to the public. Note this is only a draft, and Roe remains the law of the land.
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This is an unprecedented leak from the nation’s highest court, but overturning Roe was not unexpected. However, the draft opinion, if finalized, would go even further and almost ensures future attacks on contraception, same sex marriage, interracial marriage and more.
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Publication of the Equal Rights Amendment, which can save Roe, is more important than ever.
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See our Take Action Page to learn how you can help!
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Biden Department of Justice Continues to Fight Against Equal
Rights Amendment
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March 5, 2022. Yesterday, the Biden Department of Justice ("DOJ") filed its brief in the case initially brought by the States of Virginia, Nevada and Illinois to compel the U.S. Archivist to publish the Equal Rights Amendment ("ERA"). Virginia has since withdrawn from the case as a result of a state-level change in administration.
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Sadly, the Biden DOJ continues to carry on the Trump Administration's fight against the ERA and equality for 167 million women and girls, despite Biden's alleged support for the ERA, set forth in the brief, as well as the Biden Agenda for Women.
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A full copy of the Biden Administration's brief may be found here.
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For up-to-the-minute coverage on issues related to gender equality and our work, please follow us on Facebook and Twitter. In addition, a regularly-updated collection of relevant media coverage is pinned on our Twitter profile. More detailed information is below.
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Women's [In]Equality Day Truths!
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Biden/Harris Administration Ignore Warnings From ABA and Shattering Glass That Women Will Lose 14th Amendment Equal Protection.
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On July 31, 2024, Shattering Glass sent a letter to Vice President Harris describing the urgent need for publication of the Equal Rights Amendment. One of the most significant reasons the ERA must be published immediately is to stop SCOTUS from stripping women, girls and LGBTQIA+ people of 14th Amendment Equal Protection in US v Skrmetti, which is currently pending before the court.
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On August 14th, we had a very productive call with Vice President Harris's team. At that time, they requested additional information on, among other things, the roadmap SCOTUS has provided of its intention to eviscerate 14th Amendment sex-based Equal Protection. In our August 21, 2024 Memorandum to Erica Songer, Counsel to the Vice President, we reiterated the urgent need to publish the ERA as the 28th Amendment by August 26th, the day before the US's brief, where they will defend sex-based 14th Amendment Equal Protection, is due in US v. Skrmetti. The ERA is critical to stopping SCOTUS for issuing its intended decision.
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Despite our efforts, the White House refused to engage on the December 5, 2023, letter from 84 diverse organizations and medical associations to the President, warning about the above Skrmetti case and urging immediate publication. Nonetheless, given the urgency, we sent a Memorandum to President Biden's most senior advisors on August 23rd, again stressing the need to publish the ERA by August 26th.
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Unfortunately, the White House subsequently issued its 2024 Proclamation For Women's Equality Day, which contradicts the official Biden Harris position referenced in our Memoranda to the President and Vice President. In addition, it seemingly indicates a continued refusal to publish the Equal Rights Amendment as the 28th Amendment, ignoring the dire warnings of the ABA and Shattering Glass.
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For additional information, including a deeper dive on the duplicitous 2024 Proclamation For Women's Equality Day and Memoranda to the President and Vice President, see Shattering Glass's Press Release.
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The ABA Calls for Publication and Implementation of the Equal Rghts Amendment.
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On August 6th, the American Bar Association ("ABA") passed a Resolution acknowledging the Equal Rights Amendment (“ERA”) is the 28th Amendment to the Constitution and calling for its immediate publication and implementation. In doing so, the ABA emphasized the urgent need for the ERA given the courts intend to strip women, girls and LGBTQIA+ of 14th Amendment "Equal" Protection on the basis of sex.
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Shattering Glass applauds the actions taken by the ABA and looks forward to working together to ensure the publication and implementation of the ERA. For additional information, including a link to the ABA Resolution and related Report, see Shattering Glass's Press Release.
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Shattering Glass and its Partners Oppose Restrictions on Access to Reproductive and Gender-Affirming Healthcare.
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On July 9th, Shattering Glass and its partner organizations urged Congress to reject any appropriations bills that contain riders that would restrict access to essential health care, including abortion, contraception, fertility, and gender-affirming care. The full letter and a complete list of signatories may be found HERE.
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SCOTUS Kicks the Can on Mifepristone, Delaying the Inevitable, with its decision in Alliance For Hipprocratic Medicine v. FDA.
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As you know, Shattering Glass filed an amicus brief at each stage of the Alliance For Hippocratic Medicine v. FDA litigation, arguing for the continued availability mifepristone, the drug predominantly used for medication abortions. When the US Supreme Court issued its decision last week, many breathed a sign of relief. Some went so far as to claim victory.
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This was not a victory.
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SCOTUS ruled that the Alliance For Hippocratic Medicine lacked legal standing to sue. That is a decision based on procedural requirements, not on whether mifepristone should remain available. What does that mean? Possession of mifepristone remains illegal in some states.
And the case wasn’t even dismissed; it was remanded for further proceedings. Why? In November, three states – Idaho, Missouri and Nebraska – sought to intervene in the lawsuit. So we need to start the process all over again.
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SCOTUS simply delayed the inevitable. When it next hears the case, they are poised to enact a national abortion ban by utilizing the Comstock Act. Unless, of course, President Biden publishes the Equal Rights Amendment. See our recent blog “Is a National Abortion Ban Inevitable?” for a deeper dive.
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"Unequal Protection of the Laws For Women is Constitutional Terrorism, So How Come Nobody Knows About It?"
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In her recent article published in Ohio Northern University Law Review, "Unequal Protection of the Laws For Women is Constitutional Terrorism, So How Come Nobody Knows About it?", Wendy Murphy, a lawyer and long-time advocate for the Equal Rights Amendment, shines a light on the ERA.
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The article discusses the history of the ERA, why its needed, where is stands today, the forces that have been and continue to work against equality for women, and why the ERA must be published immediately as the 28th Amendment. It is a must read. The full complete article may be found HERE.
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​Shattering Glass Leads 84 Organizations in Calling For President Biden to Publish The Equal Rights Amendment.
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On December 5th, Shattering Glass led 84 organizations and professional associations from across the country in calling on President Biden to instruct the US Archivist (“Archivist”) to publish the Equal Rights Amendment (“ERA”) as the 28th Amendment to the Constitution.
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For the past two years, Shattering Glass has been educating the public, as well as organizations (beyond gender and racial justice organizations where the benefits of the ERA are more obvious )whose missions are furthered by the Equal Rights Amendment. These 84 organizations and professional associations from across the nation are a diverse group that includes:
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Democracy and voting focused organizations, such as the American Constitution Society, Free Speech For People, and Center For Common Ground;
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Military focused organizations, such as Combat Sexual Assault, Military & Veteran Women's Coalition, and Women Injured in Combat;
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Organizations focused on LGBTQIA+ rights, such as Equality Illinois, National Center for Lesbian Rights, and the Trans Formations Project;
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Youth led/focused organizations, such as Generation Ratify, Girls Inc., and The Feminist Front;
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Organizations focused on reproductive rights, such as Saratoga Caucus for Reproductive Rights;
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Medical Associations and Organizations, such as American Medical Women’s Association, Civic Health Alliance, Doctors For America, National Association of Nurse Practitioners in Women's Health, Patient Care Heroes and Physicians for Reproductive Health;
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Political parties and organizations, such as Democrats Abroad, Greene County Ohio Democratic Party, National Women’s Political Caucus, and the Ohio Democratic Women's Caucus; and
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Other professional associations and organizations, such as Illinois Federation of Teachers, The Ohio Federation of Business & Professional Women, and Women Employed.
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All of this in addition to numerous national, state and local gender and racial justice organizations, such as the American Association of University Women, Equality Now, Indivisible, Jewish Women International, National Council of Negro Women, Sojourners, and ZONTA International.
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The full letter and a complete list of signatories may be found HERE.
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And here is a copy of our Press Release.
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We are so very grateful for all of our partners in this effort!!! And, as requested, individuals, companies or organizations may sign-on to express support HERE.
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Shattering Glass Files a Third Amicus Brief with SCOTUS in Support of Mifepristone.
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On August 15, 2023, the US Court of Appeals for the 5th Circuit held that mifepristone may remain on the market, but the Court imposed additional restrictions, such as limiting its use to the first seven weeks of pregnancy and eliminating access through telemedicine and mail-order delivery. Based on a prior US Supreme Court ruling, these restrictions have not taken effect.
The Government appealed the decision to SCOTUS. On October 12, 2023, Shattering Glass and its partners in the Reproductive Health Coalition filed an amicus brief in support of the safety, efficacy and critical importance of mifepristone access, which includes updated, tragic, heartbreaking experiences of medical professionals. A copy of our amicus brief may be found HERE.
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For a summary of the earlier proceedings, as well as our amicus briefs, please see our recent blog "Our Fight For Mifepristone And So Much More."
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Shattering Glass Named One of "21 Leaders For The 21st Century."
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We are thrilled to announce Shattering Glass has been named as one of
Women's eNews' "21 Leaders For the 21st Century" for our courageous work
fighting for gender equality. It is an honor to be included with these
amazing women and organizations. If you are in NYC, we hope you will join
us at the Gala on November 14th to celebrate. For more information on the
"21 Leaders For the 21st Century" and the award recipients, see HERE.
Tickets for the Gala are available HERE.
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Democrats Abroad Unanimously Passes Resolution Calling For the Bien Administration to Immediately Publish The ERA.
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Democrats Abroad is equivalent of a state Democratic Party - the official arm of the Democratic Party for the millions of Americans living outside the United States.
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On November 12, 2023, Democrats Abroad unanimously passed a resolution calling for the Biden Administration to immediately publish the Equal Rights Amendment. Copies of the resolution, which was transmitted to President Biden, Vice President Harris, as well as the Majority Leader of the Senate (Schumer), the Minority Leader of the House of Representatives (Jeffries), the Archivist of the United States, and the Chair of the Democratic National Committee (Jaime Harrison).
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Democrats Abroad is the second state Democratic Party to call for President Biden to publish the Equal Rights Amendment, after the North Carolina Democratic Party did so at the end of June. We expect additional state Democratic Parties to join in the call in the very near future.
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UN Commission on Human Rights Urges Biden Administration To Publish the Equal Rights Amendment.
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Gender equity and equality advocates recently submitted to the UN Human Rights Committee a list of ongoing human rights violations occurring in the United States as prohibited under the International Covenant on Civil and Political Rights. The failure to include the ERA in the Constitution is at the forefront, and it was expressly requested that the Human Rights Committee urge the US to publish the Equal Rights Amendment as the 28th Amendment.
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On November 3, 2023, in its concluding remarks and in response to the report submitted by the United States, the UN Human Rights Committee stated:
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"18. While welcoming the various measures taken by the State party to advance gender equality, including the establishment of the White House Gender Policy Council in 2021, the Committee regrets the lack of explicit guarantee in the Constitution against sex and gender-based discrimination (arts. 2 and 3).
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19. The State party should redouble its efforts to guarantee protection against sex
and gender-based discrimination in its Constitution, including through initiatives such
as the Equal Rights Amendment. The State party should also consider ratifying the
Convention on the Elimination of All Forms of Discrimination against Women and its
Optional Protocol (emphasis in original)."
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It is hardly surprising that the UN is concerned about the status of the ERA. According to the World Economic Forum, in 2023, the US was ranked 43rd for gender equality. That is a 16 place drop from 2022, and this will only get worse unless the ERA is published.
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Shattering Glass Files an Amicus Brief with SCOTUS in Support of Mifepristone.
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On August 15, 2023, the US Court of Appeals for the 5th Circuit held that mifepristone may remain on the market, but the Court imposed additional restrictions, such as limiting its use to the first seven weeks of pregnancy and eliminating access through telemedicine and mail-order delivery. Based on a prior US Supreme Court ruling, these restrictions have not taken effect.
The Government appealed the decision to SCOTUS. On October 12, 2023, Shattering Glass and its partners in the Reproductive Health Coalition filed an amicus brief in support of the safety, efficacy and critical importance of mifepristone access, which includes updated, tragic, heartbreaking experiences of medical professionals. A copy of our amicus brief may be found HERE.
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For a summary of the earlier proceedings, as well as our amicus briefs, please see our recent blog "Our Fight For Mifepristone And So Much More."
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On Women's Equality Day, Shattering Glass's Executive Director Speaks with Presidential Candidate Marianne Williamson about the Equal Rights Amendment.
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On August 26, 2023, our Executive Director, Nicole Vorrasi Bates, along with colleague Lisa Sales, spoke with Presidential Candidate Marianne Williamson on the immediate need for the Equal Rights Amendment. Marianne understands that the ERA will guarantee equality for all, stop the attacks on women, girls and the LGBTQ+ community, and protect reproductive rights. And she promised to publish the ERA on Day 1 of a Williamson Administration. You may listen to the full discussion HERE.
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Shattering Glass's Executive Director Speaks on Getting the Equal Rights Amendment Over the Finish Line
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On June 20, 2023, our Executive Director, Nicole Vorrasi Bates, participated in Clearinghouse on Women's Issues' panel "When Will Women's Voices Be Heard? When Will The Equal Rights Amendment Be Implemented?" You may listen to the panel here, and Nicole's presentation begins at 53:00.
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Shattering Glass Files A Second Amicus Brief With The US Court of Appeals For The 5th Circuit In Support of Mifepristone
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On April 21, 2023, the US Supreme Court ("SCOTUS") issued its decision in Alliance of Hippocratic Medicine v. FDA, staying the lower Courts' prior rulings, thereby keeping mifepristone available pending a resolution of the merits of the case. For a summary of the earlier proceedings, as well as our amicus briefs, please see our recent blog "Our Fight For Mifepristone And So Much More."
The case has been sent back to the 5th Circuit for a decision on the merits. On May 2, 2023, Shattering Glass filed its second amicus brief with the 5th Circuit. Our briefs have been cited by the Department of Justice Attorneys representing the FDA, as well as in the amicus brief filed by 253 members of the US Congress. A copy of Shattering Glass's May 2nd amicus brief can be found HERE.
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Oral argument before the 5th Circuit will be held on May 17th, and it will be livestreamed HERE. While the case remains on a fast track, and most certainly will be appealed to SCOTUS, regardless of the 5th Circuit's decision, a decision on the merits may not come until later this summer.
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Shattering Glass Files An Amicus Brief With SCOTUS In Support of Mifepristone
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Following the Fifth Circuit's decision, which upheld certain restrictions on mifepristone, including availability by mail and after seven weeks of pregnancy, the US Food and Drug Administration filed an appeal with the US Supreme Court ("SCOTUS").
On April 14th, Shattering Glass, along with its partners in the Reproductive Health Coalition, including founding members Doctors For America and American Medical Women’s Association, again filed an amicus brief in support of the FDA and the continued approval of mifepristone. A copy of Shattering Glass's amicus brief can be found HERE. The brief details the far-reaching impact removing and/or restricting access to mifepristone will have; this is about way more than abortion.
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SCOTUS stayed the Courts' prior rulings, so mifepristone remains available. We expect SCOTUS to issue its decision on Friday, April 21st.
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Shattering Glass Files An Amicus Brief With the 5th Circuit of the US Court of Appeals In Support of Mifepristone
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On April 7, 2023, a Texas judge issued a ruling in Alliance For Hippocratic Medicine v. FDA, withdrawing the FDA approval of mifepristone, a drug that has been approved for use to effectuate chemical abortions for the last 23 years. The decision was stayed for seven days to give the FDA time to appeal.
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The appeal was filed with the conservative 5th Circuit of the US Court of Appeals by the FDA on April 10, 2023. On April 11, 2023, Shattering Glass, along with its partners in the Reproductive Health Coalition, including founding members Doctors For America and American Medical Women’s Association, filed an amicus brief in support of the FDA and the continued approval of mifepristone. A copy of Shattering Glass's amicus brief can be found HERE.
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It should be noted that mere hours after the Texas ruling was issued, a Washington judge issued a preliminary injunction, blocking the FDA from altering availability of mifepristone, but that decision is limited to the 16 states and the District of Columbia, who sued the Biden Administration to protect access. A copy of the ruling may be found HERE.
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The conflicting rulings have all but guaranteed that the issue is on the fast tract to the US Supreme Court. We will continue to fight for access and keep you updated.
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Our Executive Director Discusses the ERA on the Lisa Wexler Show
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March 31, 2023. To close out Women's History Month, our Executive Director, Nicole Vorrasi Bates, appeared on the Lisa Wexler Show, based out of Connecticut and the greater New York metropolitan area. Nicole, along with colleague Jean Sweeney, Esq., explain how the Equal Rights Amendment is the 28th Amendment and why it needs to be published in our Constitution now more than ever. The entire episode may be found HERE.
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Activists Protest Outside National Archives Demanding Publication of the ERA
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March 28, 2023. Immediately following the ERA Caucus Press Conference, Shattering Glass, along with partners Equal Means Equal, Generation Ratify, Catholics For Choice, Equal Rights Action, and Justice Revival, protested outside the National Archives (where the US Archivist is located) demanding publication of the Equal Rights Amendment. We shut down blocks of Constitution Avenue and the surrounding area, as well as access to 395S, a major outlet from downtown DC, for hours. It resulted in traffic delays, extending an already difficult rush hour and infuriating opponents of equality. For additional coverage, please check us out on Facebook and Twitter. ​
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US Congresswomen Establish First Evert Congressional ERA Caucus
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March 28, 2023. Today, Representatives Cori Bush and Ayanna Pressley, established the first ever Congressional ERA Caucus to ensure that the Equal Rights Amendment ("ERA") is finally enshrined in our Constitution as "Equality is overdue; it is passed due, and we need it now!”
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They were joined by Representatives Becca Balint, Nanette Barragán, Judy Chu, Madeleine Dean, Lois Frankel, Steven Horsford, Sydney Kamlager-Dove, Barbara Lee, Sheila Jackson Lee, Summer Lee, Jennifer McClellan, Mark Pocan, Delia Ramirez, Jamie Raskin, and Abigail Spanberger, all of whom will serve as Vice-Chairs of the historic ERA Caucus.
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At the related Press Conference, Representative after Representative emphasized that the ERA is long overdue and that we must make it a national priority to protect women, girls and LGBTQ+ people, particularly those of color, from ever-increasing attacks, legislative or otherwise.
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Representative Bush noted "38 states have ratified the ERA and all steps necessary to amend the Constitution, they have been completed. And all that is standing in the way is some paperwork."
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And Representative Sheila Jackson Lee drove it home:
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I want to make sure we say it again. This constitutional amendment IS valid, not to be valid, IS VALID for all intents and all purposes as part of the United States Constitution having been ratified by the legislatures of ¾ of the several states. It is done. It is done. It is done. Ratified and ready. It is done.
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That's right. All we need is for President Biden to publish it.
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The full Press Conference may be viewed HERE.
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Shattering Glass Submits Written Testimony to the Senate Judiciary Committee
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March 7, 2023. Shattering Glass submitted written testimony to the Senate Judiciary Committee for inclusion in the formal record of its Hearing: "The Equal Rights Amendment: How Congress Can Recognize Ratification and Enshrine Equality in Our Constitution." A copy of our written testimony may be found HERE.
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By way of summary, we highlight why the ERA is desperately needed. And, in response to the hearing and the Court's decision in Illinois v. Ferriero, we call upon Congress to send a message to the Biden Administration to publish the ERA immediately to end the ongoing attacks on the rights of women, girls and LGBTQIA+ people and finally enshrine equality for all, a bedrock of our nation, in the Constitution.
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Senate Judiciary Committee Holds Hearing on the Equal Rights Amendment for the First Time in Nearly 40 Years
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On February 28, 2023, we attended the Senate Judiciary Committee Hearing: "The Equal Rights Amendment: How Congress Can Recognize Ratification and Enshrine Equality in Our Constitution," the first Senate hearing on the ERA in nearly four decades. A video of the hearing may be found HERE.
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The room was packed with both proponents and opponents of equality to hear testimony related to the ERA and S.J.Res. 4, a bipartisan resolution affirming the validity of the ERA. And still others were waiting to get in.
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As one would expect, the opponents of the ERA focused on two issues. The ERA would permit abortions up until the moment of birth, and it would prohibit any regulations based on sex, which would put women's safety at risk and deny girls opportunity to play sports. Fearmongering at its finest as these arguments are grounded in neither fact nor law. Senator Graham even gleefully announced the decision in Illinois v. Ferriero, which, ironically, was issued in the middle of the hearing, to support his false claim that the ERA was dead.
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On three separate occasions, brave protestors from Equal Means Equal disrupted the hearing, referring to it as an orchestrated fraud designed to give President Biden cover for blocking and fighting against the ERA, and calling for its immediate publication. See HERE for footage.
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U.S. Court of Appeals Issues Decision In Illinois v. Ferriero
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February 28, 2023. As the Senate Homeland Security and Governmental Affairs Committee held its second hearing on the nomination of Colleen Shogan for U.S. Archivist, and the Senate Judiciary Committee held the first hearing the Equal Rights Amendment ("ERA") in nearly 40 years, the U.S. Court of Appeals for the DC Circuit rendered its decision in Illinois v. Ferriero. A copy of the decision may be found HERE.
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Noting that the grounds for compelling a government employee to act “are narrow, and the demands are austere,” the court sided with the Biden Administration and affirmed the lower court’s dismissal of the case for lack of jurisdiction. Specifically, the Court held that that the plaintiff states failed to meet their burden to prove that that the US Archivist’s duty to publish was “clear and indisputable” and that the US Archivist was clearly wrong, due to the existence of the arbitrary deadline in the proposing clause of the ERA.
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While the Court's decision was disappointing, it did not rule that the deadline is valid or that the ERA could not be published! Simply that the plaintiffs could not meet the nearly impossible standard applied to compel publication.
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The Court’s decision and the heightened, seemingly insurmountable burden of proof applied to proponents of equality, solely as a result of the unlawful interference by the Trump and Biden Administrations with the constitutional amendment process, make publication of the ERA critical to establishing the validity of the ERA and equality for more than half of Americans.
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Once published, the ERA will be presumed valid, and the burden will shift back to the opponents of equality to prove that the ERA is invalid. Exactly where it should be and would have been, in accordance with the constitutional amendment process, but for the Executive Branch’s interference.
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[This decision makes clear that we must continue to put pressure on President Biden to immediately publish the ERA.
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Medical Associations Weigh In on the Need for the ERA and Urging President Biden to Act in Wake of Dobbs Decision
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September 12, 2022. Last week, our partners at the American Medical Women's Association sent a letter to President Biden, urging him to publish the Equal Rights Amendment without further delay to save our reproductive rights and guarantee equality for all.
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Similarly, the American Medical Association, American Pharmacists Association, American Society of Health-System Pharmacists, and National Community Pharmacists Association issued a Joint Statement, detailing uncertainty and disruptions in care post-Dobbs, which highlight the urgent need for a federal framework. A copy of the Joint Statement may be found HERE.
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34 Senators Urge Biden to Act in Wake of Dobbs Decision
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June 25, 2022. Immediately following the Dobbs v. Jackson Women's Health Organization decision, 34 Senators wrote to President Biden demanding that he take immediate action.
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Noting "we cannot stand idly by as Republicans rip away women’s rights" and acknowledging that Biden has the power to fight back, the Senators urged him to use immediately every tool available to him. Yet they did not specify the tool.
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The tool is the Equal Rights Amendment. If Biden stops blocking and fighting against the ERA in court, like Trump, he can save Roe v. Wade and equality for all.
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SCOTUS Issues Opinion in Dobbs, Overturning Roe v. Wade & Casey v. Planned Parenthood
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June 24, 2022. Today, the Supreme Court issued its long-awaited decision in Dobbs v. Jackson Women's Health. Not only did the Court overturn Roe v. Wade, but it eviscerated women's rights to equal protection under the 14th Amendment, setting us back to 1868. A copy of the decision may be found here.
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This decision makes publication of the Equal Rights Amendment, which saves Roe v. Wade and equality for all, even more urgent. See our blog "Democrats Have Key to Unlock Equality for All and Save Roe" for additional information.
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Based on our discussions with Congress and the White House, it is going to take a large public outcry pressuring the President to publish the ERA. In the days and weeks to come, we will post action items for you to consider taking. Please join our mailing list and/or check back regularly.
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Also, please follow us on social media, share our posts/tweets, and spread the word to like-minded friends and colleagues. Here is a video we took at the protest at SCOTUS this afternoon following the release of the opinion.
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IMMEDIATE RELEASE: How Publication of Equal Rights Amendment Saves Roe v. Wade
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May 9, 2022. The leaked Supreme Court opinion in Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade, is only a draft, and Roe remains the law of the land.
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Although this is an unprecedented leak from the nation’s highest court, overturning Roe was not unexpected. However, the draft Dobbs opinion dismantling a federal Civil Rights framework, if finalized, would, under the originalist/textualist interpretation of the Constitution, allow the states to create their own Civil Rights framework around contraception, same sex marriage, interracial marriage and more.
​Validation of the Equal Rights Amendment, through publication, can save Roe and is now more important than ever.
A brief summary of the immediate steps needed to save the Civil Rights framework of Roe and the accompanying analysis may be found HERE.
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Publication of the Equal Rights Amendment Saves Roe v. Wade
and More
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May 5, 2022. The Equal Rights Amendment ("ERA") has been ratified by 38 states and, having met all of the constitutional amendment requirements, is currently the 28th Amendment of our Constitution.
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Since November, Shattering Glass has worked tirelessly to secure its publication. We have had countless meetings and correspondence with White House Counsel and U.S. Senators regarding the publication of the ERA and how it can save Roe v. Wade and equality for all.
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In light of the draft opinion in Dobbs v. Jackson Women’s Health Organization that was leaked earlier this week, more is at stake than expected, making publication that much more urgent.
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The strategy to save reproductive rights may be found HERE.
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Visit our Take Action Page to find out how you can help!
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Draft Opinion in Dobbs v. Jackson Women's Health
Organization Leaked
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May 3, 2022. Last night, a draft Supreme Court opinion in Dobbs v. Jackson Women’s Health Organization, which would overturn Roe v. Wade was leaked to the public. Note this is only a draft, and Roe remains the law of the land.
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This is an unprecedented leak from the nation’s highest court, but overturning Roe was not unexpected. However, the draft opinion, if finalized, would go even further and almost ensures future attacks on contraception, same sex marriage, interracial marriage and more.
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Publication of the Equal Rights Amendment, which can save Roe, is more important than ever.
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See our Take Action Page to learn how you can help!
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Biden Department of Justice Continues to Fight Against Equal
Rights Amendment
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March 5, 2022. Yesterday, the Biden Department of Justice ("DOJ") filed its brief in the case initially brought by the States of Virginia, Nevada and Illinois to compel the U.S. Archivist to publish the Equal Rights Amendment ("ERA"). Virginia has since withdrawn from the case as a result of a state-level change in administration.
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Sadly, the Biden DOJ continues to carry on the Trump Administration's fight against the ERA and equality for 167 million women and girls, despite Biden's alleged support for the ERA, set forth in the brief, as well as the Biden Agenda for Women.
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A full copy of the Biden Administration's brief may be found here.
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For up-to-the-minute coverage on issues related to gender equality and our work, please follow us on Facebook and Twitter. In addition, a regularly-updated collection of relevant media coverage is pinned on our Twitter profile. More detailed information is below.
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Women's [In]Equality Day Truths!
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Biden/Harris Administration Ignore Warnings From ABA and Shattering Glass That Women Will Lose 14th Amendment Equal Protection.
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On July 31, 2024, Shattering Glass sent a letter to Vice President Harris describing the urgent need for publication of the Equal Rights Amendment. One of the most significant reasons the ERA must be published immediately is to stop SCOTUS from stripping women, girls and LGBTQIA+ people of 14th Amendment Equal Protection in US v Skrmetti, which is currently pending before the court.
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On August 14th, we had a very productive call with Vice President Harris's team. At that time, they requested additional information on, among other things, the roadmap SCOTUS has provided of its intention to eviscerate 14th Amendment sex-based Equal Protection. In our August 21, 2024 Memorandum to Erica Songer, Counsel to the Vice President, we reiterated the urgent need to publish the ERA as the 28th Amendment by August 26th, the day before the US's brief, where they will defend sex-based 14th Amendment Equal Protection, is due in US v. Skrmetti. The ERA is critical to stopping SCOTUS for issuing its intended decision.
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Despite our efforts, the White House refused to engage on the December 5, 2023, letter from 84 diverse organizations and medical associations to the President, warning about the above Skrmetti case and urging immediate publication. Nonetheless, given the urgency, we sent a Memorandum to President Biden's most senior advisors on August 23rd, again stressing the need to publish the ERA by August 26th.
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Unfortunately, the White House subsequently issued its 2024 Proclamation For Women's Equality Day, which contradicts the official Biden Harris position referenced in our Memoranda to the President and Vice President. In addition, it seemingly indicates a continued refusal to publish the Equal Rights Amendment as the 28th Amendment, ignoring the dire warnings of the ABA and Shattering Glass.
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For additional information, including a deeper dive on the duplicitous 2024 Proclamation For Women's Equality Day and Memoranda to the President and Vice President, see Shattering Glass's Press Release.
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The ABA Calls for Publication and Implementation of the Equal Rghts Amendment.
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On August 6th, the American Bar Association ("ABA") passed a Resolution acknowledging the Equal Rights Amendment (“ERA”) is the 28th Amendment to the Constitution and calling for its immediate publication and implementation. In doing so, the ABA emphasized the urgent need for the ERA given the courts intend to strip women, girls and LGBTQIA+ of 14th Amendment "Equal" Protection on the basis of sex.
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Shattering Glass applauds the actions taken by the ABA and looks forward to working together to ensure the publication and implementation of the ERA. For additional information, including a link to the ABA Resolution and related Report, see Shattering Glass's Press Release.
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Shattering Glass and its Partners Oppose Restrictions on Access to Reproductive and Gender-Affirming Healthcare.
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On July 9th, Shattering Glass and its partner organizations urged Congress to reject any appropriations bills that contain riders that would restrict access to essential health care, including abortion, contraception, fertility, and gender-affirming care. The full letter and a complete list of signatories may be found HERE.
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SCOTUS Kicks the Can on Mifepristone, Delaying the Inevitable, with its decision in Alliance For Hipprocratic Medicine v. FDA.
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As you know, Shattering Glass filed an amicus brief at each stage of the Alliance For Hippocratic Medicine v. FDA litigation, arguing for the continued availability mifepristone, the drug predominantly used for medication abortions. When the US Supreme Court issued its decision last week, many breathed a sign of relief. Some went so far as to claim victory.
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This was not a victory.
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SCOTUS ruled that the Alliance For Hippocratic Medicine lacked legal standing to sue. That is a decision based on procedural requirements, not on whether mifepristone should remain available. What does that mean? Possession of mifepristone remains illegal in some states.
And the case wasn’t even dismissed; it was remanded for further proceedings. Why? In November, three states – Idaho, Missouri and Nebraska – sought to intervene in the lawsuit. So we need to start the process all over again.
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SCOTUS simply delayed the inevitable. When it next hears the case, they are poised to enact a national abortion ban by utilizing the Comstock Act. Unless, of course, President Biden publishes the Equal Rights Amendment. See our recent blog “Is a National Abortion Ban Inevitable?” for a deeper dive.
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"Unequal Protection of the Laws For Women is Constitutional Terrorism, So How Come Nobody Knows About It?"
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In her recent article published in Ohio Northern University Law Review, "Unequal Protection of the Laws For Women is Constitutional Terrorism, So How Come Nobody Knows About it?", Wendy Murphy, a lawyer and long-time advocate for the Equal Rights Amendment, shines a light on the ERA.
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The article discusses the history of the ERA, why its needed, where is stands today, the forces that have been and continue to work against equality for women, and why the ERA must be published immediately as the 28th Amendment. It is a must read. The full complete article may be found HERE.
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​Shattering Glass Leads 84 Organizations in Calling For President Biden to Publish The Equal Rights Amendment.
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On December 5th, Shattering Glass led 84 organizations and professional associations from across the country in calling on President Biden to instruct the US Archivist (“Archivist”) to publish the Equal Rights Amendment (“ERA”) as the 28th Amendment to the Constitution.
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For the past two years, Shattering Glass has been educating the public, as well as organizations (beyond gender and racial justice organizations where the benefits of the ERA are more obvious )whose missions are furthered by the Equal Rights Amendment. These 84 organizations and professional associations from across the nation are a diverse group that includes:
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Democracy and voting focused organizations, such as the American Constitution Society, Free Speech For People, and Center For Common Ground;
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Military focused organizations, such as Combat Sexual Assault, Military & Veteran Women's Coalition, and Women Injured in Combat;
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Organizations focused on LGBTQIA+ rights, such as Equality Illinois, National Center for Lesbian Rights, and the Trans Formations Project;
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Youth led/focused organizations, such as Generation Ratify, Girls Inc., and The Feminist Front;
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Organizations focused on reproductive rights, such as Saratoga Caucus for Reproductive Rights;
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Medical Associations and Organizations, such as American Medical Women’s Association, Civic Health Alliance, Doctors For America, National Association of Nurse Practitioners in Women's Health, Patient Care Heroes and Physicians for Reproductive Health;
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Political parties and organizations, such as Democrats Abroad, Greene County Ohio Democratic Party, National Women’s Political Caucus, and the Ohio Democratic Women's Caucus; and
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Other professional associations and organizations, such as Illinois Federation of Teachers, The Ohio Federation of Business & Professional Women, and Women Employed.
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All of this in addition to numerous national, state and local gender and racial justice organizations, such as the American Association of University Women, Equality Now, Indivisible, Jewish Women International, National Council of Negro Women, Sojourners, and ZONTA International.
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The full letter and a complete list of signatories may be found HERE.
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And here is a copy of our Press Release.
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We are so very grateful for all of our partners in this effort!!! And, as requested, individuals, companies or organizations may sign-on to express support HERE.
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Shattering Glass Files a Third Amicus Brief with SCOTUS in Support of Mifepristone.
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On August 15, 2023, the US Court of Appeals for the 5th Circuit held that mifepristone may remain on the market, but the Court imposed additional restrictions, such as limiting its use to the first seven weeks of pregnancy and eliminating access through telemedicine and mail-order delivery. Based on a prior US Supreme Court ruling, these restrictions have not taken effect.
The Government appealed the decision to SCOTUS. On October 12, 2023, Shattering Glass and its partners in the Reproductive Health Coalition filed an amicus brief in support of the safety, efficacy and critical importance of mifepristone access, which includes updated, tragic, heartbreaking experiences of medical professionals. A copy of our amicus brief may be found HERE.
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For a summary of the earlier proceedings, as well as our amicus briefs, please see our recent blog "Our Fight For Mifepristone And So Much More."
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Shattering Glass Named One of "21 Leaders For The 21st Century."
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We are thrilled to announce Shattering Glass has been named as one of
Women's eNews' "21 Leaders For the 21st Century" for our courageous work
fighting for gender equality. It is an honor to be included with these
amazing women and organizations. If you are in NYC, we hope you will join
us at the Gala on November 14th to celebrate. For more information on the
"21 Leaders For the 21st Century" and the award recipients, see HERE.
Tickets for the Gala are available HERE.
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Democrats Abroad Unanimously Passes Resolution Calling For the Bien Administration to Immediately Publish The ERA.
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Democrats Abroad is equivalent of a state Democratic Party - the official arm of the Democratic Party for the millions of Americans living outside the United States.
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On November 12, 2023, Democrats Abroad unanimously passed a resolution calling for the Biden Administration to immediately publish the Equal Rights Amendment. Copies of the resolution, which was transmitted to President Biden, Vice President Harris, as well as the Majority Leader of the Senate (Schumer), the Minority Leader of the House of Representatives (Jeffries), the Archivist of the United States, and the Chair of the Democratic National Committee (Jaime Harrison).
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Democrats Abroad is the second state Democratic Party to call for President Biden to publish the Equal Rights Amendment, after the North Carolina Democratic Party did so at the end of June. We expect additional state Democratic Parties to join in the call in the very near future.
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UN Commission on Human Rights Urges Biden Administration To Publish the Equal Rights Amendment.
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Gender equity and equality advocates recently submitted to the UN Human Rights Committee a list of ongoing human rights violations occurring in the United States as prohibited under the International Covenant on Civil and Political Rights. The failure to include the ERA in the Constitution is at the forefront, and it was expressly requested that the Human Rights Committee urge the US to publish the Equal Rights Amendment as the 28th Amendment.
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On November 3, 2023, in its concluding remarks and in response to the report submitted by the United States, the UN Human Rights Committee stated:
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"18. While welcoming the various measures taken by the State party to advance gender equality, including the establishment of the White House Gender Policy Council in 2021, the Committee regrets the lack of explicit guarantee in the Constitution against sex and gender-based discrimination (arts. 2 and 3).
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19. The State party should redouble its efforts to guarantee protection against sex
and gender-based discrimination in its Constitution, including through initiatives such
as the Equal Rights Amendment. The State party should also consider ratifying the
Convention on the Elimination of All Forms of Discrimination against Women and its
Optional Protocol (emphasis in original)."
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It is hardly surprising that the UN is concerned about the status of the ERA. According to the World Economic Forum, in 2023, the US was ranked 43rd for gender equality. That is a 16 place drop from 2022, and this will only get worse unless the ERA is published.
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Shattering Glass Files an Amicus Brief with SCOTUS in Support of Mifepristone.
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On August 15, 2023, the US Court of Appeals for the 5th Circuit held that mifepristone may remain on the market, but the Court imposed additional restrictions, such as limiting its use to the first seven weeks of pregnancy and eliminating access through telemedicine and mail-order delivery. Based on a prior US Supreme Court ruling, these restrictions have not taken effect.
The Government appealed the decision to SCOTUS. On October 12, 2023, Shattering Glass and its partners in the Reproductive Health Coalition filed an amicus brief in support of the safety, efficacy and critical importance of mifepristone access, which includes updated, tragic, heartbreaking experiences of medical professionals. A copy of our amicus brief may be found HERE.
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For a summary of the earlier proceedings, as well as our amicus briefs, please see our recent blog "Our Fight For Mifepristone And So Much More."
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On Women's Equality Day, Shattering Glass's Executive Director Speaks with Presidential Candidate Marianne Williamson about the Equal Rights Amendment.
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On August 26, 2023, our Executive Director, Nicole Vorrasi Bates, along with colleague Lisa Sales, spoke with Presidential Candidate Marianne Williamson on the immediate need for the Equal Rights Amendment. Marianne understands that the ERA will guarantee equality for all, stop the attacks on women, girls and the LGBTQ+ community, and protect reproductive rights. And she promised to publish the ERA on Day 1 of a Williamson Administration. You may listen to the full discussion HERE.
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Shattering Glass's Executive Director Speaks on Getting the Equal Rights Amendment Over the Finish Line
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On June 20, 2023, our Executive Director, Nicole Vorrasi Bates, participated in Clearinghouse on Women's Issues' panel "When Will Women's Voices Be Heard? When Will The Equal Rights Amendment Be Implemented?" You may listen to the panel here, and Nicole's presentation begins at 53:00.
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Shattering Glass Files A Second Amicus Brief With The US Court of Appeals For The 5th Circuit In Support of Mifepristone
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On April 21, 2023, the US Supreme Court ("SCOTUS") issued its decision in Alliance of Hippocratic Medicine v. FDA, staying the lower Courts' prior rulings, thereby keeping mifepristone available pending a resolution of the merits of the case. For a summary of the earlier proceedings, as well as our amicus briefs, please see our recent blog "Our Fight For Mifepristone And So Much More."
The case has been sent back to the 5th Circuit for a decision on the merits. On May 2, 2023, Shattering Glass filed its second amicus brief with the 5th Circuit. Our briefs have been cited by the Department of Justice Attorneys representing the FDA, as well as in the amicus brief filed by 253 members of the US Congress. A copy of Shattering Glass's May 2nd amicus brief can be found HERE.
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Oral argument before the 5th Circuit will be held on May 17th, and it will be livestreamed HERE. While the case remains on a fast track, and most certainly will be appealed to SCOTUS, regardless of the 5th Circuit's decision, a decision on the merits may not come until later this summer.
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Shattering Glass Files An Amicus Brief With SCOTUS In Support of Mifepristone
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Following the Fifth Circuit's decision, which upheld certain restrictions on mifepristone, including availability by mail and after seven weeks of pregnancy, the US Food and Drug Administration filed an appeal with the US Supreme Court ("SCOTUS").
On April 14th, Shattering Glass, along with its partners in the Reproductive Health Coalition, including founding members Doctors For America and American Medical Women’s Association, again filed an amicus brief in support of the FDA and the continued approval of mifepristone. A copy of Shattering Glass's amicus brief can be found HERE. The brief details the far-reaching impact removing and/or restricting access to mifepristone will have; this is about way more than abortion.
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SCOTUS stayed the Courts' prior rulings, so mifepristone remains available. We expect SCOTUS to issue its decision on Friday, April 21st.
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Shattering Glass Files An Amicus Brief With the 5th Circuit of the US Court of Appeals In Support of Mifepristone
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On April 7, 2023, a Texas judge issued a ruling in Alliance For Hippocratic Medicine v. FDA, withdrawing the FDA approval of mifepristone, a drug that has been approved for use to effectuate chemical abortions for the last 23 years. The decision was stayed for seven days to give the FDA time to appeal.
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The appeal was filed with the conservative 5th Circuit of the US Court of Appeals by the FDA on April 10, 2023. On April 11, 2023, Shattering Glass, along with its partners in the Reproductive Health Coalition, including founding members Doctors For America and American Medical Women’s Association, filed an amicus brief in support of the FDA and the continued approval of mifepristone. A copy of Shattering Glass's amicus brief can be found HERE.
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It should be noted that mere hours after the Texas ruling was issued, a Washington judge issued a preliminary injunction, blocking the FDA from altering availability of mifepristone, but that decision is limited to the 16 states and the District of Columbia, who sued the Biden Administration to protect access. A copy of the ruling may be found HERE.
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The conflicting rulings have all but guaranteed that the issue is on the fast tract to the US Supreme Court. We will continue to fight for access and keep you updated.
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Our Executive Director Discusses the ERA on the Lisa Wexler Show
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March 31, 2023. To close out Women's History Month, our Executive Director, Nicole Vorrasi Bates, appeared on the Lisa Wexler Show, based out of Connecticut and the greater New York metropolitan area. Nicole, along with colleague Jean Sweeney, Esq., explain how the Equal Rights Amendment is the 28th Amendment and why it needs to be published in our Constitution now more than ever. The entire episode may be found HERE.
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Activists Protest Outside National Archives Demanding Publication of the ERA
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March 28, 2023. Immediately following the ERA Caucus Press Conference, Shattering Glass, along with partners Equal Means Equal, Generation Ratify, Catholics For Choice, Equal Rights Action, and Justice Revival, protested outside the National Archives (where the US Archivist is located) demanding publication of the Equal Rights Amendment. We shut down blocks of Constitution Avenue and the surrounding area, as well as access to 395S, a major outlet from downtown DC, for hours. It resulted in traffic delays, extending an already difficult rush hour and infuriating opponents of equality. For additional coverage, please check us out on Facebook and Twitter. ​
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US Congresswomen Establish First Evert Congressional ERA Caucus
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March 28, 2023. Today, Representatives Cori Bush and Ayanna Pressley, established the first ever Congressional ERA Caucus to ensure that the Equal Rights Amendment ("ERA") is finally enshrined in our Constitution as "Equality is overdue; it is passed due, and we need it now!”
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They were joined by Representatives Becca Balint, Nanette Barragán, Judy Chu, Madeleine Dean, Lois Frankel, Steven Horsford, Sydney Kamlager-Dove, Barbara Lee, Sheila Jackson Lee, Summer Lee, Jennifer McClellan, Mark Pocan, Delia Ramirez, Jamie Raskin, and Abigail Spanberger, all of whom will serve as Vice-Chairs of the historic ERA Caucus.
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At the related Press Conference, Representative after Representative emphasized that the ERA is long overdue and that we must make it a national priority to protect women, girls and LGBTQ+ people, particularly those of color, from ever-increasing attacks, legislative or otherwise.
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Representative Bush noted "38 states have ratified the ERA and all steps necessary to amend the Constitution, they have been completed. And all that is standing in the way is some paperwork."
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And Representative Sheila Jackson Lee drove it home:
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I want to make sure we say it again. This constitutional amendment IS valid, not to be valid, IS VALID for all intents and all purposes as part of the United States Constitution having been ratified by the legislatures of ¾ of the several states. It is done. It is done. It is done. Ratified and ready. It is done.
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That's right. All we need is for President Biden to publish it.
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The full Press Conference may be viewed HERE.
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Shattering Glass Submits Written Testimony to the Senate Judiciary Committee
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March 7, 2023. Shattering Glass submitted written testimony to the Senate Judiciary Committee for inclusion in the formal record of its Hearing: "The Equal Rights Amendment: How Congress Can Recognize Ratification and Enshrine Equality in Our Constitution." A copy of our written testimony may be found HERE.
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By way of summary, we highlight why the ERA is desperately needed. And, in response to the hearing and the Court's decision in Illinois v. Ferriero, we call upon Congress to send a message to the Biden Administration to publish the ERA immediately to end the ongoing attacks on the rights of women, girls and LGBTQIA+ people and finally enshrine equality for all, a bedrock of our nation, in the Constitution.
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Senate Judiciary Committee Holds Hearing on the Equal Rights Amendment for the First Time in Nearly 40 Years
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On February 28, 2023, we attended the Senate Judiciary Committee Hearing: "The Equal Rights Amendment: How Congress Can Recognize Ratification and Enshrine Equality in Our Constitution," the first Senate hearing on the ERA in nearly four decades. A video of the hearing may be found HERE.
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The room was packed with both proponents and opponents of equality to hear testimony related to the ERA and S.J.Res. 4, a bipartisan resolution affirming the validity of the ERA. And still others were waiting to get in.
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As one would expect, the opponents of the ERA focused on two issues. The ERA would permit abortions up until the moment of birth, and it would prohibit any regulations based on sex, which would put women's safety at risk and deny girls opportunity to play sports. Fearmongering at its finest as these arguments are grounded in neither fact nor law. Senator Graham even gleefully announced the decision in Illinois v. Ferriero, which, ironically, was issued in the middle of the hearing, to support his false claim that the ERA was dead.
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On three separate occasions, brave protestors from Equal Means Equal disrupted the hearing, referring to it as an orchestrated fraud designed to give President Biden cover for blocking and fighting against the ERA, and calling for its immediate publication. See HERE for footage.
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U.S. Court of Appeals Issues Decision In Illinois v. Ferriero
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February 28, 2023. As the Senate Homeland Security and Governmental Affairs Committee held its second hearing on the nomination of Colleen Shogan for U.S. Archivist, and the Senate Judiciary Committee held the first hearing the Equal Rights Amendment ("ERA") in nearly 40 years, the U.S. Court of Appeals for the DC Circuit rendered its decision in Illinois v. Ferriero. A copy of the decision may be found HERE.
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Noting that the grounds for compelling a government employee to act “are narrow, and the demands are austere,” the court sided with the Biden Administration and affirmed the lower court’s dismissal of the case for lack of jurisdiction. Specifically, the Court held that that the plaintiff states failed to meet their burden to prove that that the US Archivist’s duty to publish was “clear and indisputable” and that the US Archivist was clearly wrong, due to the existence of the arbitrary deadline in the proposing clause of the ERA.
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While the Court's decision was disappointing, it did not rule that the deadline is valid or that the ERA could not be published! Simply that the plaintiffs could not meet the nearly impossible standard applied to compel publication.
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The Court’s decision and the heightened, seemingly insurmountable burden of proof applied to proponents of equality, solely as a result of the unlawful interference by the Trump and Biden Administrations with the constitutional amendment process, make publication of the ERA critical to establishing the validity of the ERA and equality for more than half of Americans.
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Once published, the ERA will be presumed valid, and the burden will shift back to the opponents of equality to prove that the ERA is invalid. Exactly where it should be and would have been, in accordance with the constitutional amendment process, but for the Executive Branch’s interference.
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[This decision makes clear that we must continue to put pressure on President Biden to immediately publish the ERA.
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Medical Associations Weigh In on the Need for the ERA and Urging President Biden to Act in Wake of Dobbs Decision
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September 12, 2022. Last week, our partners at the American Medical Women's Association sent a letter to President Biden, urging him to publish the Equal Rights Amendment without further delay to save our reproductive rights and guarantee equality for all.
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Similarly, the American Medical Association, American Pharmacists Association, American Society of Health-System Pharmacists, and National Community Pharmacists Association issued a Joint Statement, detailing uncertainty and disruptions in care post-Dobbs, which highlight the urgent need for a federal framework. A copy of the Joint Statement may be found HERE.
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34 Senators Urge Biden to Act in Wake of Dobbs Decision
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June 25, 2022. Immediately following the Dobbs v. Jackson Women's Health Organization decision, 34 Senators wrote to President Biden demanding that he take immediate action.
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Noting "we cannot stand idly by as Republicans rip away women’s rights" and acknowledging that Biden has the power to fight back, the Senators urged him to use immediately every tool available to him. Yet they did not specify the tool.
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The tool is the Equal Rights Amendment. If Biden stops blocking and fighting against the ERA in court, like Trump, he can save Roe v. Wade and equality for all.
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SCOTUS Issues Opinion in Dobbs, Overturning Roe v. Wade & Casey v. Planned Parenthood
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June 24, 2022. Today, the Supreme Court issued its long-awaited decision in Dobbs v. Jackson Women's Health. Not only did the Court overturn Roe v. Wade, but it eviscerated women's rights to equal protection under the 14th Amendment, setting us back to 1868. A copy of the decision may be found here.
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This decision makes publication of the Equal Rights Amendment, which saves Roe v. Wade and equality for all, even more urgent. See our blog "Democrats Have Key to Unlock Equality for All and Save Roe" for additional information.
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Based on our discussions with Congress and the White House, it is going to take a large public outcry pressuring the President to publish the ERA. In the days and weeks to come, we will post action items for you to consider taking. Please join our mailing list and/or check back regularly.
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Also, please follow us on social media, share our posts/tweets, and spread the word to like-minded friends and colleagues. Here is a video we took at the protest at SCOTUS this afternoon following the release of the opinion.
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IMMEDIATE RELEASE: How Publication of Equal Rights Amendment Saves Roe v. Wade
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May 9, 2022. The leaked Supreme Court opinion in Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade, is only a draft, and Roe remains the law of the land.
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Although this is an unprecedented leak from the nation’s highest court, overturning Roe was not unexpected. However, the draft Dobbs opinion dismantling a federal Civil Rights framework, if finalized, would, under the originalist/textualist interpretation of the Constitution, allow the states to create their own Civil Rights framework around contraception, same sex marriage, interracial marriage and more.
​Validation of the Equal Rights Amendment, through publication, can save Roe and is now more important than ever.
A brief summary of the immediate steps needed to save the Civil Rights framework of Roe and the accompanying analysis may be found HERE.
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Publication of the Equal Rights Amendment Saves Roe v. Wade
and More
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May 5, 2022. The Equal Rights Amendment ("ERA") has been ratified by 38 states and, having met all of the constitutional amendment requirements, is currently the 28th Amendment of our Constitution.
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Since November, Shattering Glass has worked tirelessly to secure its publication. We have had countless meetings and correspondence with White House Counsel and U.S. Senators regarding the publication of the ERA and how it can save Roe v. Wade and equality for all.
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In light of the draft opinion in Dobbs v. Jackson Women’s Health Organization that was leaked earlier this week, more is at stake than expected, making publication that much more urgent.
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The strategy to save reproductive rights may be found HERE.
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Visit our Take Action Page to find out how you can help!
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Draft Opinion in Dobbs v. Jackson Women's Health
Organization Leaked
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May 3, 2022. Last night, a draft Supreme Court opinion in Dobbs v. Jackson Women’s Health Organization, which would overturn Roe v. Wade was leaked to the public. Note this is only a draft, and Roe remains the law of the land.
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This is an unprecedented leak from the nation’s highest court, but overturning Roe was not unexpected. However, the draft opinion, if finalized, would go even further and almost ensures future attacks on contraception, same sex marriage, interracial marriage and more.
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Publication of the Equal Rights Amendment, which can save Roe, is more important than ever.
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See our Take Action Page to learn how you can help!
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Biden Department of Justice Continues to Fight Against Equal
Rights Amendment
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March 5, 2022. Yesterday, the Biden Department of Justice ("DOJ") filed its brief in the case initially brought by the States of Virginia, Nevada and Illinois to compel the U.S. Archivist to publish the Equal Rights Amendment ("ERA"). Virginia has since withdrawn from the case as a result of a state-level change in administration.
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Sadly, the Biden DOJ continues to carry on the Trump Administration's fight against the ERA and equality for 167 million women and girls, despite Biden's alleged support for the ERA, set forth in the brief, as well as the Biden Agenda for Women.
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A full copy of the Biden Administration's brief may be found here.
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