Constitution Watch

ERA: The House had two hearings of note about the same time -- Attorney General Garland and an oversight hearing on the status of the ERA. Nice to see Prof. Victoria Nourse. The Republican witness tossed in some anti-trans material. Alyssa Milano provided some celebirty presence. Some links here. Some past thoughts on the matter here.

I had mixed feelings about accepting the ratification after around forty years, but as a matter of power, Coleman v. Miller seems to give Congress the power to do so. The supporters here suggested basically the deadline could be ignored. Eh. I think it a discretionary statement of ripeness. I still not clear what exactly the text will add, but have reached a judgment it is broader than the Equal Protection Clause. "Abridge" etc.

Death Penalty: Meanwhile, after delayed by the Supreme Court holding they need to allow a minister in the death chamber, the latest challenge to Willie Smith's execution was rejected. Things were held up for Sotomayor to agree there was no procedural ground left, but that the process is still problematic. I appreciate the brief discussion, which I think is warranted for each execution. Net result: executed, but no nitrogen gas yet.