Alabama, 4 other states prevail in suit to block Equal Rights Amendment certification

MONTGOMERY, Ala. - A federal appeals court has ruled against backers of the proposed Equal Rights Amendment, which would have become the 28th Amendment to the U.S. Constitution had it been ratified before a Congressionally-mandated deadline ran out in the 1970s.

Illinois and Virginia quickly followed Nevada’s lead, becoming the 37th and 38th states to greenlight the ERA. That milestone prompted supporters to proclaim the ERA had reached the constitutionally-required approval of three-quarters of the states to become the law of the land. The three states then filed a lawsuit aimed at forcing the Archivist to certify the amendment’s official ratification, though Virginia later dropped out of the suit.

“Today, the U.S. Court of Appeals for the D.C. Circuit agreed with our argument that Nevada and Illinois cannot purport to ratify a proposed amendment that expired decades ago and then force the Archivist to sneak the Equal Rights Amendment into the Constitution,” said Marshall. “We are glad the court rejected plaintiffs’ calls to unconstitutionally amend our Constitution,” continued Marshall.

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