Will the Equal Rights Amendment be Adopted?

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 30 January 2020

⏱️ 47 minutes

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Summary

The Virginia legislature ratified the Equal Rights Amendment earlier this month, and Virginia, Illinois, and Nevada filed a lawsuit this morning urging a federal judge to declare that the ERA is now part of the Constitution. This episode explores the fast-developing constitutional question of whether an amendment that declares that “equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex” will be adopted, despite its unusual ratification process. Dr. Julie Suk, author of a forthcoming book on the ERA, and Professor Sai Prakash, author of an article on its ratification process, join host Jeffrey Rosen. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0	I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome
0:07.2	to We The People, a weekly show of constitutional debate.
0:10.8	The National Constitution Center is a nonpartisan nonprofit chartered by Congress to increase awareness and understanding of the Constitution among the American people.
0:20.0	The legislature of Virginia recently ratified the Equal Rights Amendment earlier
0:25.8	this month, reviving the debate about whether the ERA can be adopted despite its unusual ratification process.
0:34.6	Joining us to discuss this absolutely fascinating and cutting edge
0:38.9	series of constitutional questions are two of America's leading experts on the Equal Rights Amendment and the Constitution.
0:45.0	Julie Suk is Dean for Masters Programs and a professor of sociology and political science at the graduate center of the City University of New York.
0:54.6	Dr. Suk is the author of the forthcoming book,
0:57.3	We the Women, the Forgotten Mothers of the Equal Rights Amendment,
1:01.2	and numerous other words about gender equality and the ERA.
1:04.4	Julie, thank you so much for joining.
1:06.6	Thank you for having me.
1:07.9	Sai Prokash is James Monroe Distinguished Professor of Law, Paul G Mahoney,
1:12.2	research professor of law, and Miller Center Senior Fellow at the University of Virginia.
1:16.9	He is the author of, of Synchronicity and Supreme Law, an article in the Harvard Law Review
1:22.3	that examines the timing of the ERA's ratification
1:25.1	process, among many other works.
1:27.1	Sigh, it's great to have you back on the show.
1:30.2	Great to be here with you and Julie, Jeff. Let us jump in with the breaking news that just this morning as we record,
1:38.0	Virginia, along with Illinois and Nevada, filed a lawsuit in district court to compel the archivist of the United States to recognize the ERA as part of the Constitution.
1:53.0	Julie, let's begin by giving our listeners a sense of what the theory of the three states is in their effort to compel certification.
	...

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