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Judi Lynn

(160,527 posts)
Thu Jan 30, 2020, 03:08 PM Jan 2020

Democratic AGs sue to force US to ratify ERA

Source: Associated Press


Sarah Rankin and Michelle L. Price, Associated Press
Updated 10:04 am CST, Thursday, January 30, 2020

RICHMOND, Va. (AP) — Three Democratic state attorneys general are suing a U.S. government official to force him to recognize Virginia’s vote this week to ratify the Equal Rights Amendment and certify the measure as part of the Constitution.

The lawsuit filed Thursday against the archivist of the United States comes after the National Archives and Records Administration said this week that David Ferriero would “take no action to certify the adoption of the Equal Rights Amendment," which would prohibit discrimination based on sex.

Virginia Attorney General Mark Herring is partnering with Nevada Attorney General Aaron Ford and Illinois Attorney General Kwame Raoul on the lawsuit filed in U.S. District Court for the District of Columbia. Before Virginia’s vote this week that made it the critical 38th state to approve the ERA, Nevada in 2017 and Illinois in 2018 were the most recent to ratify the amendment.

The attorneys general argue that U.S. laws do not give the archivist the power to decide whether to certify an amendment. They contend the archivist’s duty to certify the amendment is “mandatory and purely ministerial.”


Read more: https://www.chron.com/news/us/article/Democratic-AGs-in-last-states-to-ratify-ERA-plan-15015680.php

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Democratic AGs sue to force US to ratify ERA (Original Post) Judi Lynn Jan 2020 OP
I wish them luck, but .... PBC_Democrat Jan 2020 #1
This truly is justice. Thank you for sharing. (eom) Malmsy Jan 2020 #2
There should be 35 more AGs on board IMO n/t milwaukeelib33 Jan 2020 #3

PBC_Democrat

(401 posts)
1. I wish them luck, but ....
Thu Jan 30, 2020, 03:41 PM
Jan 2020

Two issues will kill their argument.

The 30 year time limit will be the toughest to argue against. When they point out that the 27th amendment took almost 200 years to be ratified - the response will be that there was no time limit in the proposed amendment.

The second problem is the five states that have withdrawn their ratification of the 28th. The courts will have to decide if ratification is revocable or 'once it's done - it's done'.

The second issue may have long-term ramifications if more amendments are voted on by the states. Can a new democratic state legislature reverse a decision made by the previous republican legislature and
vice-versa?





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