Justice Department Says Equal Rights Amendment Has Expired, Cannot Be Ratified

The Equal Rights Amendment, which some believe could be used to fight for abortion rights, is dead, according to the Justice Department.

The Amendment, which was first introduced in Congress in 1923, states that “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex,” as reported by NPR. Congress finally passed the law nearly fifty years later in 1972 and sent it onto the states for ratification, requiring 38 states to ratify by 1979. Only 35 states ultimately ratified, so Congress extended the deadline to 1982. Still, not enough states signed off.

But in recent years, the ERA has gained traction in several states. Nevada ratified in 2017 and in 2018, Illinois joined them. Virginia has now stepped up to the plate as the 38th state who wants to ratify.

The Justice Department finds this movement irrelevant, however.

“We conclude that when Congress uses a proposing clause to impose a deadline on the States’ ratification of a proposed constitutional amendment, that deadline is binding, and Congress may not revive the proposal after the deadline’s expiration.”

Three other states—South Dakota, Alabama, and Louisiana—have also fought to keep the ERA from inclusion in the Constitution, filing a federal lawsuit against it.

What the ERA would do, should it be ratified by 38 states, is up for debate. Professor…