ERA, 28th Amendment Possibly Ratified, now part of constitution

[brucejoel99]

Personally, I'm of the opinion that SCOTUS will rule that state rescissions after ratification are indeed invalid merely on the basis that Article V, while obviously mentioning ratification, simply doesn't mention rescission, so once a state has ratified, its role in the process is at an end. Plain & simple, end of. (And re: the invalidity of rescission, see also: the ratification of the 14th Amendment, wherein 2 state legislatures rescinded previous ratification, yet those moves were rejected & those states counted toward ratification anyway.)

As for the deadline, I have a feeling that SCOTUS will also rule the original deadline unconstitutional on the basis that there's no text within the actual amendment referring to the date, meaning its ratification will be argued as valid regardless of whether or not it occurred after the "deadline."

It may seem unlikely if you think of it in ideological terms, but just by looking at the letter of the law, it seems clear that the ERA's status as the 28th Amendment is coming.

[brucejoel99]

Justice Ruth Bader Ginsburg is advising Equal Rights Amendment supporters to start over from scratch:

Ginsburg: Equal Rights Amendment backers should start over

In which case, there should be no arbitrary deadlines this time around.  

Now, more than ever, it's pretty clear that the case to get it ratified will no longer be going anywhere.

[brucejoel99]

The fight isn't over yet:

Democratic AGs, including Virginia’s Mark Herring, continue fight seeking recognition of ERA

If this were brought before the Supreme Court (now that Justice Ruth Bader Ginsburg has been replaced by Amy Coney Barrett), how does everyone expect them to rule?  Will it be an overwhelming rejection of their case, thereby forcing Equal Rights Amendment proponents to start over?  

I don't think it would even get heard, probably on the grounds that the issue was settled in NOW v Idaho, or something like that.

Yeah. This would never make it off the shadow docket especially when Virginia withdraws from this frivolous lawsuit in 2 weeks. A SCOTUS opinion gives this nonsense more attention that warranted.

Given the current composition of the Court, this suit would obviously never go the plaintiff's way even if VA weren't about to swear its new Republican trifecta in, but to clarify, VA's presumed withdrawal from the suit in 2 weeks' time won't automatically render the suit null-&-void, given its rescission arguments & the likelihood that IL & NV move to sustain it.

[brucejoel99]

https://twitter.com/mikesacksesq/status/1630598500495892488