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May 2021 Era Update, Center For Gender And Sexuality Law May 2021

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 Mar 2021

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 Mar 2021

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.


Columbia Law School Era Project Faq On Legal Issues Surrounding Final Ratification Of The Equal Rights Amendment, Center For Gender And Sexuality Law Mar 2021

Columbia Law School Era Project Faq On Legal Issues Surrounding Final Ratification Of The Equal Rights Amendment, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

New York, New York – On March 17, 2021, the House of Representatives has scheduled a vote on House Joint Resolution 17, a measure that would remove any deadline for ratification of the Equal Rights Amendment (ERA) and, as a consequence, would make the ERA finalized and valid at the moment when it has been ratified by 3/4 of the state legislatures. There are many complex legal issues surrounding the finalization of the ERA, and Columbia Law School’s Equal Rights Amendment (ERA) Project has prepared a FAQ that explains the history of ERA ratification, what HJR 17 will do, and …


Columbia Law School Era Project Statement On Virginia V. Ferriero, Center For Gender And Sexuality Law Mar 2021

Columbia Law School Era Project Statement On Virginia V. Ferriero, Center For Gender And Sexuality Law

Center for Gender & Sexuality Law

New York, New York – Columbia Law School’s Equal Rights Amendment (ERA) Project issued the following comment on the decision issued by federal judge Rudolph Contreras in Virginia v. Ferriero, a lawsuit brought to force the Archivist of the United States to finally publish the Equal Rights Amendment.


The Puzzles And Possibilities Of Article V, David E. Pozen, Thomas P. Schmidt Jan 2021

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 …