3 states urge federal judge to declare that the proposed Equal Rights Amendment is now part of the US Constitution, after Virginia this week became the 38th state to ratify it.
The three most recent states to ratify the amendment — Virginia, Illinois and Nevada — filed a lawsuit Thursday in federal district court in Washington, D.C. They argued that the Constitution does not give Congress the power to set a time limit on the ratification process. And they said the deadline was placed only in the proposing clause, not in the actual text that the states voted on.
But a 38-page opinion issued by the Justice Department's Office of Legal Counsel on Jan. 6 said the Supreme Court has upheld the authority of Congress to impose a ratification deadline. The opinion said it makes no difference that the deadline was in the resolution's proposing clause. Supporters of the ERA are pushing for a vote in the House of Representatives next month to erase the deadline for ratification, but the Justice Department's opinion said that, too, would be invalid."The Constitution authorizes Congress to propose amendments for ratification, but it does not contemplate any continuing role for Congress during the ratification period."
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