Wishful Thinking on the ERA

The American Bar Association tries to sell the idea that the Equal Rights Amendment has already been ratified.

AP/Scott Applewhite, file
Gloria Steinem of the National Organization for Women at an Equal Rights Amendment rally at Washington on July 4, 1981. AP/Scott Applewhite, file

The American Bar Association’s support last week of the implementation of the Equal Rights Amendment “as the 28th Amendment to the United States Constitution,” is, to be charitable, exotic constitutionalism and wishful thinking. It is being celebrated by no less an eminence than Laurence Tribe, who cheers the ABA for “affirming that the ERA” is now constitutional writ. A new section of the parchment would be a scoop, if it were true. 

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