Judiciary

RBG Says ERA Is DOA

Ginsberg throws cold water on the Left's decades-long push of the Equal Rights Amendment.

Thomas Gallatin · Feb. 13, 2020

Last month, the Virginia state legislature, currently under Democrat control, passed the controversial Equal Rights Amendment (ERA). Why does that matter? It makes Virginia the 38th state to ratify the long-defunct 28th Amendment that Congress passed in 1972, which is seemingly significant because Virginia becomes the final state needed to push the ERA over the required ratification threshold of two-thirds of states for the adoption of a constitutional amendment.

There are, however, a couple of major roadblocks that make it highly unlikely that the ERA will become the 28th Amendment to the Constitution anytime soon. First, when Congress passed the ERA, it gave the states a 10-year deadline to reach the two-thirds ratification threshold needed for adoption. That deadline passed way back in 1982. Second, following the failure of the necessary number of states to ratify, five states have withdrawn their ratification. (The House is voting today to make a new deadline, for whatever difference that will make.)

For those reasons, even the Left’s favorite Supreme Court justice, Ruth Bader Ginsberg, believes the ERA’s chance of becoming the 28th Amendment is dead. “There’s too much controversy about latecomers. Plus, a number of states have withdrawn their ratification,” she says. “So if you count a latecomer on the plus side, how can you disregard states that said, ‘We’ve changed our minds’?”

While the ERA was packaged to sound fair in theory — with its calls for protecting “equality of rights” between the sexes — in reality it would have created a massive backdoor opening for the injection of socialism, enshrining abortion rights in the Constitution, and eviscerating the difference between the sexes to the detriment of women. Fortunately, even a feminist champion like Ginsberg recognizes the irony in seeking to break the law in an effort to enforce a new law. If only she always believed in that principle.

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