Congress imposed a 1982 deadline on states hoping to ratify the ERA, though there’s doubt about whether this deadline is binding. Ginsburg’s comments on Monday suggest that she believes this 1982 deadline should be considered binding.
“I would like to see a new beginning” for ERA ratification, the justice said. “There’s too much controversy about latecomers,” Ginsburg added. “Plus, a number of states have withdrawn their ratification. So if you count a latecomer on the plus side, how can you disregard states that said ‘we’ve changed our minds?’”
Ginsburg’s comments are likely to be the death knell for the ERA. Without Ginsburg’s vote, it’s tough to imagine that five members of the Supreme Court would agree the ERA was properly ratified.
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