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


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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