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 Virginias 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 Virginias 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 archivists 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
PBC_Democrat
(401 posts)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The second problem is the five states that have withdrawn their ratification of the 28th.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?