Fordham Law Professor Julie Suk was quoted in a FactCheck.org article, written by Saranac Hale Spencer, about whether former President Joe Biden issued a statement saying he thought the Equal Rights Amendment should be considered part of the U.S. Constitution.
Julie Suk, a professor at Fordham University’s School of Law who has written a book on the ERA, made the same point in an email to us. She also said, “Constitutional law experts have reasonable disagreements about whether or not the ERA’s unique and unprecedented ratification trajectory makes it a valid amendment under Article V.”
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Even if the ERA is not recognized in the Constitution, though, it has already had an effect, said Suk, the Fordham University professor.
“On the ground, the ERA has already shaped constitutional law, even without being formally pronounced as ‘the law of the land’ by anyone,” she said. “In 1973 the Supreme Court changed the way it approached women’s rights and sex equality in its Fifth and Fourteenth Amendment jurisprudence, deriving legitimacy from the fact that Congress had adopted the ERA and many states had ratified it.”
Read “What Does Biden’s ERA Statement Mean?” on FactCheck.org.