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View Diary: ERA = equality, so WTF??? [rant] (58 comments)

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  •  Not quite that easy... (none)
    I imagine the issue of whether Congress' time limit was or wasn't Constitutional would have to be decided by the Supreme Court. Also, there is the possibility that some states might try to revoke their ratification, another issue the Court would have to decide.

    One point I haven't seen addressed here is what would be the ultimate result of ratification. We need to remember that during the intial push in the seventies, ERA advocates gave testimony in hearings all over the country, and there was a lot of "no, it doeosn't mean abortion rights" and "no, it doesn't mean gay rights". That history would influence the way the courts interpret the amendment.

    •  The 14th Amendment (none)
      If a state can rescind ratification, then the 14th Amendment is in trouble. As I recall, Tennessee rescinded its ratification of the 14th, but that is where the precedent was set, I believe, that states could not rescind. If states can do that, then the 14th did not get the 3/4.

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