Professor Julie Suk was mentioned in an article in Reuters examining the ERA and the two-year anniversary since Virginia ratified it.
Better late than never is an excellent principle when writing thank-you notes or repaying debts – but does it apply to amending the U.S. Constitution?
That’s one way to look at the fight over the Equal Rights Amendment.
If its proponents are to be believed, the ERA will go into effect on Jan. 27, exactly two years after Virginia became the 38th state to ratify it.
But opponents point out that the deadline set by Congress to ratify the amendment expired 40 years ago. They say the ERA is DOA.
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Perhaps the most logical, albeit anticlimactic, course of action is that proposed by law professors Erwin Chemerinsky, Noah Feldman, David Pozen and Julie Suk, who are represented by Jessica Ellsworth of Hogan Lovells: Kick the question back to Congress.
“Congress is the only standing body of the national government with a textually prescribed role in amending the Constitution,” they argue. “As such, Congress should have the opportunity to decide whether the ERA has been effectively ratified.”