Posted on 03/01/2023 11:02:52 AM PST by Alas Babylon!
MONTGOMERY, Ala. (WSFA) - A federal appeals court has ruled against backers of the proposed Equal Rights Amendment, which would have become the 28th Amendment to the U.S. Constitution had it been ratified before a Congressionally-mandated deadline ran out in the 1970s.
Alabama Attorney General Steve Marshall hailed Tuesday’s ruling by the U.S. Court of Appeals for the D.C. Circuit as “a significant victory for the rule of law” after Alabama and four other states sued to prevent the U.S. Archivist from certifying the ERA as a constitutional amendment.
Tuesday’s ruling is decades in the making.
Congress submitted the proposed ERA to the states for ratification in 1972, at which time it placed a seven-year deadline on the ratification process. That deadline passed before 38 states approved it. In 2018, however, Nevada brought the decades-old ERA back to the forefront when it approved ratification.
Illinois and Virginia quickly followed Nevada’s lead, becoming the 37th and 38th states to greenlight the ERA. That milestone prompted supporters to proclaim the ERA had reached the constitutionally-required approval of three-quarters of the states to become the law of the land. The three states then filed a lawsuit aimed at forcing the Archivist to certify the amendment’s official ratification, though Virginia later dropped out of the suit.
Alabama, Louisiana, Nebraska, South Dakota and Tennessee then sued to prevent the Archivist from performing the certification, asserting that Congress’ seven-year deadline had long since passed and any attempt to enact the ERA as a new amendment would have to start with a new amendment process.
Tuesday’s ruling affirmed the position of the five conservative states with the court holding that “the ERA’s deadline barred Plaintiffs’ late-coming ratifications,” and rejecting challenges that the deadline was invalid or could be ignored.
Is the left STILL trying to illegitimately ram this mess through as an “Amendment?” How many times do they need to be smacked down?
The ERA? That’s so 70s.
What’s next, bringing back WIN Buttons?
The ERA came with a sell by date that has long since passed. It’s dead and good riddance.
Yeah, leftards are all the the law (when it says what they like).
This is proof that most law is really illegal. How many times have laws been put into place because some judge said so? If one judge just said ok, all of a sudden the US has a 38th amendment.
There goes the Dims’ chances of drafting women to fight the forever wars. (Something to think about from 50 years ago in 1972.)
Not really. That’s how elections are done nowadays — the election season is months long, and votes roll in and counting and recounting continue until well after the “Election Day.”
Although this instance is 44 years later, so it’s been a pretty long time.
Women at age 18 must register for the draft now. That was in one of FJB’s multi-trillion dollar bills that passed.
I think Rush (RIP!) was onto something for the All American First Cavalry Amazon Battalion
https://www.youtube.com/watch?v=ahPwlOOKedg
Always CCW...always.
Thanks, classic Rush, damn he’s sorely missed!
Hadn't heard that one.
Its in one of the two massive budget bills FJB pushed through prior to the midterms, don’t remember which though
This was probably how they declared the 16th amendment as passed, too. A group tried to push a lawsuit over it last century, but it was shutdown.
The 27th amendment started in the 1790s. Never reached the 3/4 threshold until last 10 yrs or so. However, there was no expiration date on ratifying the amendment. So, when it hit the magic 38, it was certified. That is why the time limit is so important.
The 27th Amendment was proposed in 1789 and ratified in 1992.
Thanks for the precise dates. 200+ year span.
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