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The Equal Rights Un-Amendment

The Editors, National Review

In 1982, everyone — including the Supreme Court — acknowledged that the amendment was dead. In recent years, however, three states have claimed to ratify it. Their legal claim is that the amendment was validly submitted to the states, but the deadline is invalid. House Democrats are moving legislation to invalidate the deadline retroactively. None of these maneuvers is consistent with the rule of law. Even Ruth Bader Ginsburg has conceded that any effort to ratify the Equal Rights Amendment would have to involve starting over: getting a new supermajority of Congress and new state ratifications. Legislators and the court should not participate in this charade. The judicial system could start by quashing the states’ lawsuit.