We hope that you are enjoying your summer and we wanted to give you an update on what EME is up to.
Equal Means Equal will be asking the entire Court of Appeals to review our case and determine that women as a class have standing to file a lawsuit when the federal government unlawfully refuses to publish a constitutional amendment that establishes Women’s constitutional equality after the last necessary state ratifies it. As we argued repeatedly in our case, “if Women don’t have standing, who does?”
In support of our case we pointed to a similar case from 1980 where the National Organization for Women was granted standing in a case challenging the extension of the ERA’s purported ratification deadline. NOW was granted standing because, the court said, Women have a “protected legal interest in the ERA’s vitality.” How can Women as a class (speaking through NOW) have standing to speak for Women in that 1980 case, but Equal Means Equal does not have standing to speak for Women when the ERA’s vitality is severely harmed by the Archivist’s refusal to publish?
Equal Means Equal is working with NOW National to review the original briefs that they filed in the 1980 ERA case where they were giving standing as we prepare for our appeal.
The DC case that was filed by VA, NV, also lost on standing grounds on March 5th of 2021. On May 7th they filed a notice of appeal. Equal Means Equal was surprised and dismayed that they did not assert a Tenth Amendment claim in their case, despite their attorneys having discussed it publicly on prior occasions. It would have been very difficult if not impossible for the court to rule against them on standing grounds if they had asserted a Tenth Amendment claim as such a claim would have asserted that States have a right to have their ratification votes respected, and the federal government has no authority to violate or abridge such rights BECAUSE States’ rights predominate over federal authority in this context.
We will continue to appeal until there are no options left, and we will file new lawsuits if this one is unsuccessful. Women have waited far too long and the basic right to equality is far too important for anyone to stop fighting.
Listen and share Monday’s Joy of Resistance Radio show featuring Kamala and Wendy where they discuss Equal Means Equal’s upcoming plan in the fight for publishing Equal Rights Amendment – hint: KEEP UP THE DIRECT ACTION!
Thank you, as always for your support and commitment. We are in the fight with you until we achieve ERA for all Americans.
Equal means equal.
Kamala, Natalie, Wendy, Thila, Rebecca and EME team