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The main text of the ERA is simple and, one would hope, non-controversial: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” Consovoy partner Cameron Norris did not respond to a request for comment.

Zilch so far, although 16-lawyer Consovoy McCarthy (whose clients have included former President Donald Trump) represents intervenors Alabama, Louisiana, Nebraska, South Dakota and Tennessee in arguing the ERA was improperly ratified and thus invalid. A veritable who’s who of women in Big Law including Loretta Lynch, Kathleen Sullivan, Beth Brinkmann, Linda Martin, Linda Coberly and Tacy Flint have weighed in this month on behalf of amici in support of the amendment. Circuit case was decided on the quantity of amicus briefs, the renown of the lawyers who signed them and the gross revenue of their law firms, the pro-ERA would side would win hands-down. Lawyers tell me test cases invoking the ERA in individual sex-discrimination suits are likely to follow in the coming weeks.

Circuit in litigation prompted by the refusal of the national archivist to publish and certify the would-be 28th amendment. The question is now pending before the U.S. 27, exactly two years after Virginia became the 38th state to ratify it.īut opponents point out that the deadline set by Congress to ratify the amendment expired 40 years ago. If its proponents are to be believed, the ERA will go into effect on Jan.

That’s one way to look at the fight over the Equal Rights Amendment. Jan 25 - Better late than never is an excellent principle when writing thank-you notes or repaying debts – but does it apply to amending the U.S.