Virginia just ratified the ERA.

[flamin lib]

Last edited Wed Jan 15, 2020, 05:00 PM - Edit history (1)

https://www.democraticunderground.com/10817567

So what happens next? Is it past the deadline to be valid? If not is it automatically adopted or is there another step?

ETA: Please see SL8's reply #8.

[MineralMan]

1. Court cases, leading to a Supreme Court decision.

It's far from over.

[FBaggins]

2. Significant hurdles remain

In order for this to become part of the Constitution... supporters will have to claim that the 1982 ratification deadline can not be enforced and that the states (5?) that have since rescinded their ratification had no ability to do so.

[NewJeffCT]

3. It's WAY past the deadline

and, several red states have since rescinded their ERA passage, so there are a lot of legal questions to be resolved.

Kudos to Virginia for bringing this back into the news, though.

[bluecollar2]

4. This is a major Democratic party talking point

On par with healthcare.

This will help with GOTV...

Way to go Virginia!!!!

[flamin lib]

5. I am under the impression that the SCOTUS has ruled that

there is no provision in the Constitution to allow rescinding the approval of an amendment once passed. please correct me if I'm wrong.

[FBaggins]

7. I don't think so

There was a case that raised that question, but they dismissed it as moot because the deadline had passed.

[flamin lib]

10. See post 8!! Thanks to sl8. nt

[FBaggins]

12. That's just the argument they'll make in court

It’s very much an open question for the court. Here’s a more comprehensive review.


https://www.law.cornell.edu/constitution-conan/article-5/ratification

[flamin lib]

13. Thanks to you too. I knew DU would come through! Nt

[Mersky]

6. Good! Yay!

Last edited Wed Jan 15, 2020, 05:13 PM - Edit history (1)

Eta: I’m applauding the ratification. And no, I didn’t read the OP very well - I’m busy and running about today.

[sl8]

8. ERA FAQ:

https://www.equalrightsamendment.org/faqs

[flamin lib]

9. Now THAT is an answer to the OP!

Thank you so much for that. I'll be editing the OP to refer to your post.

[crickets]

11. Great link. Thank you! nt

[Buckeyeblue]

14. There is nothing in the constitution about states being able to rescind ratification

And there is nothing that says Congress can set a time frame for ratification. Let's see how our "strict" constitutionalists walk around that. But it also seems interesting that the supreme court could rule on the constitutionality of a constitutional amendment. If I was a betting person, I would say that they won't even hear the challenge. I don't think Roberts would want any part of this.

What is the time frame for a ratified amendment to become an official amendment? I don't see a time frame in the constitution so I think it's immediate. On edit: I just read the amendment. 2 years.