ERA LITIGATION UPDATE: In January of 2020, two lawsuits were filed against the National Archivist David Ferriero in order to compel him to perform his ministerial duty of certifying and publishing the fully-ratified #EqualRightsAmendment as the 28th Amendment to the U.S. Constitution.
(1) THREE STATE CASE:
Virginia, Illinois, and Nevada v. Ferriero is a lawsuit filed by the last three states to ratify, in the U.S. District Court for the District of Columbia. The lower court judge in this case dismissed the suit, in part, because he said the states lacked “standing” in order to sue. On May 3rd, we heard that the Attorneys General of those three states have filed notice that they will appeal. The League of Women Voters of the U.S. is a friend of the court in this case, as part of the national ERA Coalition. https://www.nbcnews.com/…/states-appeal-ruling-they…
(2) EME CASE:
Equal Means Equal, the Yellow Roses, and Weitbrecht v. Ferriero is a lawsuit filed by a national ERA advocacy group, a high school ERA advocacy group, and a college assault survivor, in the U.S. District Court for the District of Massachusetts. The lower court judge in this case dismissed the suit for lack of “standing.” The EME case was appealed. https://demand.equalmeansequal.org/…/Equal%20Means…
STANDING: The concept of “standing” determines who has a right to sue in court. Standing relates to an injury in fact traceable to the defendant that is likely to be redressed by a favorable court decision.
NATIONAL COALITION FOR MEN CASE: In 2019 a men’s group called the National Coalition for Men was found to have “standing” when they sued in a Texas District Court to have females added to draft registration. The lower court in that case did not dismiss the plaintiffs for lack of standing, but rather found for the plaintiffs, declaring women should be added to the registration. On appeal, the Circuit Court decided against mandating the addition of women to the registration. That matter is now on the Supreme Court docket. https://www.supremecourt.gov/…/html/public/20-928.html
Similarly, “standing” should be found in the two ERA cases in which the plaintiff advocacy groups, young women and ratifying states are harmed by being denied certification of the Equal Rights Amendment.
MAY 5th EME ORAL ARGUMENT:
On Wednesday, May 5, starting at 9:30 AM ET, the EME case was heard on appeal in the First Circuit Court.
5/6/2021 Update: Here is a recording of the May 5th EME oral argument — and if you have only a few minutes, you can fast forward 45 minutes to hear Law Professor Wendy Murphy’s compelling closing statement: http://media.ca1.uscourts.gov/files/audio/20-1802.mp3
Thank you for your advocacy. Let’s keep moving forward!
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Important Note: Special thanks to artist Seorin Park who created this beautiful image for the League of Women Voters of Wilmette, IL.