You mean Harry Reid can’t “deem” it ratified?
He can bring it up to a vote when several of the 34 opposing attorneys are not "present". It is not 2/3 of the entire Senate that are required, but merely 2/3 of the Senators "present".
Technically he could call a session when there are nothing but democrats "present" and then vote to ratify.
Our liberties are in danger every minute that Congress is in session.