Virginia became the 38th state to ratify the Equal Rights Amendment this month, but that was long after a congressional deadline to do so.
The attorneys general in the most recent three states to ratify the Equal Rights Amendment filed a lawsuit Thursday in an effort for the constitutional amendment to be recognized as the 28th Amendment after missing a congressional deadline.
The lawsuit was filed Thursday in the U.S. District Court for the District of Columbia against David Ferriero, the archivist of the United States, in an effort to"compel the archivist to carry out his statutory duty of recognizing the complete and final adoption of the Equal Rights Amendment," the lawsuit says.
In the lawsuit, the attorneys general argue the archivist does not have"any discretion in deciding whether to publish and certify a newly adopted amendment." The attorneys general argue in the lawsuit that the U.S. Constitution does not set limits on the amount of time within which a proposed amendment must be ratified by states to be adopted and argue that the congressional deadline on the ERA is not binding as it was not included in the article sent to states.
"Once a state has ratified a proposed amendment, that state has had its final say on the question," the attorneys general said.
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