General Discussion
In reply to the discussion: Biden says Equal Rights Amendment is ratified, kicking off expected legal battle [View all]Wiz Imp
(2,737 posts)The third is nonsense which should be laughed out of court. Why would someone ratify because there is a deadline but not do it if there was not a deadline? How is that argument very valid? It makes no sense.
As for 1) The rescission of a prior ratification of a Constitutional amendment has occurred previously for the Fourteenth and Fifteenth Amendments. For each, states voted to rescind their ratifications, similar to the case for the ERA. Regardless, these states were counted when the federal government tallied the total states that had ratified the Amendment, thus declaring that it was officially part of the Constitution.
That seems like precedent to me. Once a state ratifies, it is counted as having ratified even if they later rescind that ratification.
2)In February 2024, the American Bar Association (ABA) passed resolution 601, supporting implementation of the ERA. The ABA urges implementation because a deadline for ratification of an amendment to the U.S. Constitution is not consistent with Article V of the Constitution and that under Article V, states are not permitted to rescind prior ratifications.
Sorry, but I don't know how anyone could argue that doing the right thing would be to ignore the fact that the required number of states had ratified the amendment to make it part of the constitution. Unquestionably, the correct thing to do is to consider it the law of the land moving forward, though I expect that will likely not happen.