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SickOfTheOnePct

(7,668 posts)
19. Yes I've read the Tribe article
Sun Jan 19, 2025, 07:22 AM
Jan 19

At the bottom of the case summary below is the opinion from SCOTUS on that case:

The Court has generally followed the Coleman [ v. Miller (1939)] approach whenever it has been asked to interpret the Constitution's Article V, leaving questions regarding the article's interpretation to Congress. Consider NOW v. Idaho(1982) in which the issue was a 1978 act of Congress that extended the original deadline for state ratification of the Equal Rights Amendment from 1979 to 1982. The act also rejected a clause that would have permitted state legislatures to rescind their prior approval. In the wake of a strong anti-ERA movement, the state of Idaho, which had passed the amendment in the early 1970s, decided to ignore federal law and retract its original vote. The National Organization for Women (NOW) challenged the state's action, and in 1982 the Court docketed the case for argument. But, upon the request of the United States, it dismissed the suit as moot: the congressionally extended time period for ratification had run out, and the controversy was no longer viable.

OPINION:

Upon consideration of the memorandum for the Administrator of General Services suggesting mootness, filed July 9, 1982, and the responses thereto, the judgment of the United States District Court for the District of Idaho is vacated and the cases are remanded to that court with instructions to dismiss the complaints as moot.

https://edge.sagepub.com/epsteinshort9e/student-resources/chapter-1-the-living-constitution/now-v-idaho-1982

If SCOTUS rejected the validity of the deadline, why did they dismiss the case once the deadline had passed?

Recommendations

0 members have recommended this reply (displayed in chronological order):

Will the courts support this amendment? Irish_Dem Jan 17 #1
They should have zero say in what becomes an amendment. Otherwise they are our rulers. boston bean Jan 17 #2
So the Archivist of the United States is the final authority on what gets certified and printed Seeking Serenity Jan 17 #8
She cannot deny it. She has a duty at this time boston bean Jan 18 #9
She doesn't see her duty that way Seeking Serenity Jan 18 #10
No, the Archivist has no authority in the matter. Her function is to make it public... Hekate Jan 19 #18
Should the courts get involved and overturn it - it will open the windows and doors to EVERYTHING being in play IMO. NoMoreRepugs Jan 17 #3
The court cannot overturn a constitutional amendment. n/t valleyrogue Jan 19 #14
True SickOfTheOnePct Jan 19 #20
I read that there was a deadline (1986 I believe).... Think. Again. Jan 17 #4
I have this same question. snot Jan 17 #5
No, you are not mistaken. The Amendment is dead hueymahl Jan 17 #6
Excellent point! Think. Again. Jan 17 #7
You don't know what you are talking about. It never was "dead." n/t valleyrogue Jan 19 #12
I hope you are correct hueymahl Jan 19 #23
You are totally wrong. See my post below. Time limits are not binding per 1982 USSC decision. n/t valleyrogue Jan 19 #13
The Tribe/Sullivan article is very understandable. Ratification process is a one-way ratchet Hekate Jan 19 #17
It's valid. People need to stop with the "time limit" nonsense. valleyrogue Jan 19 #11
You've said this repeatedly SickOfTheOnePct Jan 19 #15
The article by Tribe & Sullivan is very clear. Link here... Hekate Jan 19 #16
Yes I've read the Tribe article SickOfTheOnePct Jan 19 #19
You are correct, as I understand it. wnylib Jan 19 #21
Exactly SickOfTheOnePct Jan 19 #22
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