Illinois attempt to revive Equal Rights Amendment rejected – Crain’s Chicago Business

Raoul was present in Washington last September when his office made the arguments on behalf of Nevada and Illinois, two states that ratified the amendment in 2017 and 2018, respectively, long after the extended congressional deadline of 1982.

When Virginia ratified the ERA in 2020, that gave the amendment the necessary number of states, at least in the eyes of supporters. The three states filed a lawsuit seeking to force the archivist of the United States to “publish” the measure, which would make it part of the U.S. Constitution. (Virginia dropped out of the lawsuit after electing a Republican governor and attorney general in 2021.)

The lawsuit was tossed out by a federal district court and it faired no better before the federal appeals court in Washington. The appeals court largely rejected arguments put forth by Illinois — still joined by Nevada — that Congress had no power to place a deadline on the states for ratification of the ERA, or that lawmakers made a mistake by putting the deadline in the preamble rather than the text of the amendment.

The order they sought against the archivist faced a high bar, and the states failed to show their right to relief was “clear and indisputable,” the court said.

The decision in Illinois v. Ferriero came the same day that U.S. Sen. Dick Durbin, D-Ill., led a Senate Judiciary Committee hearing exploring a proposed resolution in Congress that would revoke the ratification deadline and allow the 38-state threshold to be recognized.

“Let’s live up to the promise of equal justice under the law,” Durbin said. “Join us in supporting this resolution to revoke the deadline for the ERA’s ratification. There is no time limit on equality.”

Illinois Lt. Gov. Juliana Stratton, a Democrat who voted for ratification of the ERA in 2018 as a state representative, testified and urged Congress to take steps to bring the amendment to fruition.

“It is time to make real a vision 100 years in the making, so that our daughters and our granddaughters and the next generation of women are seen as exactly who they are: equals,” Stratton said.

Elizabeth Price Foley, a law professor at Florida International University College of Law, testified that Congress may not revive the ERA through a resolution to revoke the deadline.

“Once a proposal has been submitted to the states for ratification, Congress’ power over amendments has ended,” she said.

But Kathleen M. Sullivan, a senior counsel at law firm Quinn Emanuel Urquhart & Sullivan in Los Angeles, said the deadline-removal proposal is “proper and constitutional, and merits swift passage.”


via “Illinois Politics” – Google News

February 28, 2023 at 07:11PM

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