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Government,
Constitutional Law

Jan. 16, 2020

Equal Rights Amendment is still in play, if Congress wants it to be

On Wednesday, Virginia became the 38th state to ratify the amendment, pushing it over the three-quarters of states constitutional threshold.

David A. Carrillo

Executive Director
California Constitution Center at Berkeley Law.

Stephen M. Duvernay

Phone: (916) 447-4900

Email: steve@benbrooklawgroup.com

Notre Dame Law School; Notre Dame IN

Brandon V. Stracener

Email: bstracener@bgwcounsel.com

Equal Rights Amendment is still in play, if Congress wants it to be
New York Times News Service The Virginia House of Delegates cheers for Delegate Jennifer D. Carroll Foy, center, sponsor of a resolution to ratify the Equal Rights Amendment, in Richmond, Va. on Wednesday, Jan. 15, 2020. (New York Times News Service

The Equal Rights Amendment, long thought dead, may be resurrecting itself. Only one more state needed to ratify it to meet the Article V condition that amendments “shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three-fourths of the several states.” And Virginia just did so. The question is whether the ERA retains vitality today. It does, because the amendment’s viability is a political question, and becau...

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