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Will the Supreme Court strike down the Equal Rights Amendment?
The Hill ^ | Mar 22, 2022 | Richard Albert

Posted on 03/23/2022 6:42:34 AM PDT by where's_the_Outrage?

On this day 50 years ago, Congress approved the Equal Rights Amendment (ERA). Within one year, 30 states had ratified it, fueling hopes that the ERA would soon become the 28th Amendment to the U.S. Constitution. But a half-century later, the ERA is mired in legal uncertainty. The Supreme Court of the United States could ultimately strike it down as unconstitutional.

The ERA is short but important. It declares that "equality of rights under law shall not be denied or abridged by the United States or by any State on account of sex." The ERA would give Congress the power to defend and promote sex equality, for instance, by fighting intrusive abortion restrictions, closing the gender pay gap and punishing unjust sex-based discrimination by federal, state and local government actors.

It is no easy feat to amend the Constitution. It is so hard that it has occurred only 27 times in 235 years. America's amendment labyrinth requires approval from two-thirds of both houses of Congress, followed by ratification by three-quarters of the states. That means 38 states.....

A second set of questions concerns whether a state can revoke its earlier ratification. In the years since the ERA was proposed in 1972, a handful of states have revoked their prior ratification of the amendment. If these states can legally rescind their prior ratification, fewer than 38 states have validly ratified the ERA. The question for the Court, then, will be whether a state may ratify an amendment and then revoke that ratification before the amendment becomes official. The Constitution is silent on this point, too.

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events
KEYWORDS: 28thamendment; era; scotus
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To: where's_the_Outrage?
How does equality under the law mean a private employer must pay me more because there is some way of compiling statics that indicates I am in a demographic subset that earns less money on average than some other demographic subset?

Such equality is impossible to simultaneously have for every demographic category unless all people for all jobs get identical salaries.

21 posted on 03/23/2022 8:57:08 AM PDT by AndyTheBear
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To: where's_the_Outrage?

Dear MSN, ERA is dead. Really, truly, legally D.E.A.D. Stop trying to summon it forth.


22 posted on 03/23/2022 9:41:58 AM PDT by lastchance (Credo.)
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To: where's_the_Outrage?

“The question for the Court, then, will be whether a state may ratify an amendment and then revoke that ratification before the amendment becomes official. The Constitution is silent on this point, too.”

Thus, the Constitution does not prohibit states from revoking an approval of an amendment before the amendment is able to take force by achieving all the votes an amendment is required to obtain. For it to be unconstitutional the constitution would have to prohibit it, which it doesn’t.


23 posted on 03/23/2022 9:53:37 AM PDT by Wuli
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To: where's_the_Outrage?
The article fails to mention that the DC District Circuit Court already struck down the challenge, ruling that the deadline was valid and passed.

The judge who issued the ruling was none other than Obama appointee Rudy Contreras.

-PJ

24 posted on 03/23/2022 10:05:30 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: where's_the_Outrage?

The era expired decades ago.🙄


25 posted on 03/23/2022 10:33:22 AM PDT by BiteYourSelf ( Earth first we'll strip mine the other planets later.)
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To: lastchance

They’re of the opinion that it’s only “mostly dead”.🙄


26 posted on 03/23/2022 10:39:21 AM PDT by BiteYourSelf ( Earth first we'll strip mine the other planets later.)
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To: where's_the_Outrage?

The court would have to look at the 1982 extension and note that the ratification did not take place in 1982. Thus they could not accept the amendment as valid unless all the other states are given the right to re-ratify their votes since conditions have changed SINCE 1982.

The congress could vote to extend the 1982 deadline by 2/3rds vote.

The amendment is dead. The congress could try to deem it as having passed but the Supreme court is under no obligation to recognize it as valid. The ERA would have to be sent out to the states again...this time without time limits for ratification.


27 posted on 03/23/2022 11:15:12 AM PDT by mdmathis6 (Democrats and Biden...We are sore...We don't want no Ukraine war...no Blood for Burisma!)
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To: bassmaner
At least the music then didn't suck as bad as today's auto-tune crap ... :-)

Disco sucks.

28 posted on 03/23/2022 3:18:41 PM PDT by Bubba_Leroy (Dementia Joe is Not My President)
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To: Political Junkie Too
The article fails to mention that the DC District Circuit Court already struck down the challenge, ruling that the deadline was valid and passed.

Yep. As I recall, it was appealed, but the appeal was dismissed as moot when the second extension passed and it still had not been ratified.

29 posted on 03/23/2022 3:22:29 PM PDT by Bubba_Leroy (Dementia Joe is Not My President)
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To: mdmathis6
Even Ruth Buzzie Ginsburg acknowledged that the ERA is dead and if they want it passed they will have to start all over again.
30 posted on 03/23/2022 3:25:33 PM PDT by Bubba_Leroy (Dementia Joe is Not My President)
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To: Political Junkie Too
I found the district court opinion. State of Idaho v. Freeman, 529 F. Supp. 1107, 1154 (D. Idaho 1982), vacated as moot and remanded to dismiss, 459 U.S. 809 (1982). It is a pretty long decision, but the conclusion read:

As part of the mode of ratification, Congress may by a two-thirds vote of both Houses set a reasonable time limit for the states to act in order for the ratification to be effective. When this time is set, it is binding on Congress and the states and it cannot be changed by Congress thereafter.

Accordingly, the Court declares that Idaho's rescission of its ratification of the twenty-seventh amendment effectively nullified its prior ratification and Idaho may not be counted as a ratifying state. The same is true for any other state which has properly certified its action of rescission to the Administrator of the General Services.

The Court further declares that the majority action of Congress in attempting to extend the period for ratification of the twenty-seventh amendment is void and of no effect.

31 posted on 03/23/2022 3:42:32 PM PDT by Bubba_Leroy (Dementia Joe is Not My President)
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To: Bubba_Leroy

Compared to Rap “music”, I’ll take Disco anyday.


32 posted on 03/23/2022 4:19:57 PM PDT by packrat35 (Pelosi is only on loan to the world from Satan. Hopefully he will soon want his baby killer back)
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To: Bubba_Leroy
I would think that Congress extending the deadline would be an ex post facto law, because 35 states got their ratifications in on time. Giving the late states another few years to ratify the amendment would not be equal protection for the states that chose not to ratify by the deadline.

Changing the ratification deadline would be nullifying the NO votes for the states that intended to vote no by the deadline.

-PJ

33 posted on 03/23/2022 6:42:33 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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