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Is the ERA passed?

PostPosted: Sun Jan 23, 2022 10:49 pm
by Maugrym
VIrginia became the 28th state to pass the Equal Rights Amendment in 2019-- or did it? Several states have reversed their ruling or had sunset clauses; others argue that the Congressional-imposed deadline may or may not be constitutional. Several states are fighting to have it recognized, with opponents and proponents alike taking it to court. The DC Circuit Appeals Court is set to hear the appeal briefs no later than Feb. 23.

What are your thoughts on the matter? Is it passed or not? Are congressional deadlines constitutional?

My Thoughts:
I believe that the DC CAC will take up the case; how they rule is a tossup as there is a 9-8 conservative majority with a large number of moderates and centrists. I do not believe that congressional deadlines for amendments are constitutional as there is no mention of them in the Constitution. If approved by the Court, I think that this would be the last amendment to be ratified anytime soon. I also do not believe that revoking ratification or establishing sunset clauses are constitutional; what if the original 13 colonies decided that the current government wasn't working and decided to un-ratify the Constitution altogether?

PostPosted: Sun Jan 23, 2022 10:52 pm
by Hemakral
I think this belongs in the American Politics thread

PostPosted: Sun Jan 23, 2022 10:59 pm
by Maugrym
Hemakral wrote:I think this belongs in the American Politics thread

I considered that but chose not to create a post there believing that it does not just affect American politics but global politics given America's struggle to support civil/equal rights in the not-so-distant past.

PostPosted: Mon Jan 24, 2022 12:10 am
by Hemakral
Maugrym wrote:
Hemakral wrote:I think this belongs in the American Politics thread

I considered that but chose not to create a post there believing that it does not just affect American politics but global politics given America's struggle to support civil/equal rights in the not-so-distant past.

you'll get more exposure in AP9 and this'd definitely fit, but meh
you do you, man

PostPosted: Mon Jan 24, 2022 3:13 am
by Saiwania
It's not passed so far as I know. Andy Schlafley's mom (of Conservapedia fame) defeated the ERA back in 1979. The entire process would need to start over again from scratch if another attempt is to be tried.

PostPosted: Mon Jan 24, 2022 4:33 am
by Kerwa
I think it just needs the senate to pass removing the expiration limits now. TBH I haven’t followed it closely. It should be adopted though because there’s no reason not to. I get the argument that it’s no longer needed, but it would be good to make it explicit.

PostPosted: Mon Jan 24, 2022 4:39 am
by Utquiagvik
I don't think its officially passed yet but it may pass soon.

PostPosted: Mon Jan 24, 2022 9:49 am
by Sensorland
Legally, I think it's murky. I hope it's considered passed, but with all the sunset clauses and revocations and whatnot, it'll be an uphill battle to get it recognized for sure.