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May 2021 Era Update, Center For Gender And Sexuality Law
May 2021 Era Update, Center For Gender And Sexuality Law
Center for Gender & Sexuality Law
The campaign to finalize the Equal Rights Amendment is being waged on several fronts. One in the courts, one in Congress. Last week, there were developments in two important lawsuits seeking to have the Equal Rights Amendment declared finalized and a valid part of the U.S. Constitution, thus securing explicit sex equality protections in the Constitution.
Era Project Faq On The District Court's Decision In Virginia V. Ferriero, Center For Gender And Sexuality Law
Era Project Faq On The District Court's Decision In Virginia V. Ferriero, Center For Gender And Sexuality Law
Center for Gender & Sexuality Law
The states that brought the lawsuit do not have standing. This means that the states that brought the lawsuit were not injured by the fact that the Archivist refused to publish the amendment. Their argument is that the Archivist’s refusal to publish the Amendment undermined their sovereign power to ratify a change to the Constitution.
Faq On The Current Status Of The Equal Rights Amendment To The U.S. Constitution, Center For Gender And Sexuality Law
Faq On The Current Status Of The Equal Rights Amendment To The U.S. Constitution, Center For Gender And Sexuality Law
Center for Gender & Sexuality Law
Several measures have been introduced into the U.S. Congress this session that relate to the Equal Rights Amendment (ERA). One is a resolution that would lift the deadline for ratification of the ERA that was passed by Congress in 1972, and the other is a new ERA that would begin a new process of amending the Constitution to add explicit protections for sex equality. This FAQ is designed to explain what each of these measures would do and the legal complexities that surround them.
The Puzzles And Possibilities Of Article V, David E. Pozen, Thomas P. Schmidt
The Puzzles And Possibilities Of Article V, David E. Pozen, Thomas P. Schmidt
Faculty Scholarship
Legal scholars describe Article V of the U.S. Constitution, which sets forth rules for amending the document, as an uncommonly stringent and specific constitutional provision. A unanimous Supreme Court has said that a “mere reading demonstrates” that “Article V is clear in statement and in meaning, contains no ambiguity, and calls for no resort to rules of construction.” Although it is familiar that a small set of amendments, most notably the Reconstruction Amendments, elicited credible challenges to their validity, these episodes are seen as anomalous and unrepresentative. Americans are accustomed to disagreeing over the meaning of the constitutional text, but …