The ERA is still in limbo nearly 5 decades after being passed by Congress in 1972 — 47 years ago. Will the Amendment ever reach a final resolution?
The first issue –Virginia did not become the 38th State to ratify the ERA — which would have pushed the ERA over the three-quarters majority required for ratification.
Photo courtesy Patricia Sullivan/The Washington Post **
Issue two — the deadline for the ERA ratification expired in 1982 (37 years ago). Issue three — five states that ratified the amendment, later rescinded their votes — although the Courts have not ruled on whether those rescissions are valid.
The PttP Amendment would address all 3 of these issues. All voting for a law under the PttP amendment would happen on the same day in all States. So the the law passage or rejection would be known very quickly. Second, if it is determined that a PttP law had unintended consequences, and was in need of repeal, there is a non-judicial mechanism addressing that requirement. Third, the PttP does not need the Courts to step in — unless a party wants to make a case that a PttP law violates any the original amendments passed at the time of the signing of the Constitution.