Paul, Weiss Files Amicus Brief in D.C. Circuit in Support of Certification of Equal Rights Amendment

Paul, Weiss filed an amicus brief on behalf of 86 businesses spanning every sector of the U.S. economy in support of the effort by the attorneys general of Virginia, Nevada and Illinois to compel the National Archivist to certify and incorporate the Equal Rights Amendment into the U.S. Constitution.

The appeal in Commonwealth of Virginia et al. v. David S. Ferriero, Archivist of the United States, arose after Nevada, Illinois and Virginia became the last three states to vote to ratify the ERA in 2017, 2018 and 2020, respectively, finally fulfilling the Article V requirement that two-thirds of the 50 states ratify a proposed amendment to the Constitution. Between 1972 to 1977, 35 of the 38 states needed voted to ratify the ERA. The three newest signatory states sued the National Archivist, David Ferriero, in January 2020 for failing to carry out his statutory duty to publish and certify the ERA’s adoption.

The amici argue that “eliminating systemic barriers that impede women’s economic and social advancement will result in a more just, vibrant and productive America. Ratification of the ERA sends a powerful message about the nation’s commitment to sex equality—a message amici believe would be transformational for the American economy.” They also argue that the D.C. district court’s dismissal in March 2021 on grounds that the three states ratified the ERA years too late “effectively turns back progress made over many decades in the struggle for women’s Constitutional equality and closes the doors of the courthouse to Appellant States who seek a remedy for the Archivist’s unlawful refusal to recognize their ratifications.”

The Paul, Weiss team included litigation partners Loretta Lynch, Andrew Gordon, Jeannie Rhee and Liza Velazquez, associates Tamar Holoshitz, Taeler Lanser, Daniela Lorenzo and Amanda Valerio and practice management attorney Jared Sunshine.

» read the press release