ERA: Amendment may finally be ratified — or not

Way back in 1972, the U.S. Congress sent the proposed Equal Rights Amendment to the Constitution out to the states for ratification.

And it looks that might finally happen - 48 years later.

An amendment must be ratified by three-fourths of the states to become part of the Constitution. And over the years the ERA never quite made it to the 38-state threshold.

But last week Virginia legislators approved ratification of the ERA and Gov. Ralph Northam says he'll sign the line. That would put ERA over the top.

There is a hitch, however. Congress first set a time limit of seven years, then extended it to 10 years for ratification. And a few of the states that voted for ratification have walked back since then.

Now, the Constitution is silent on whether Congress can put a time limit on amendments. It's silent on whether those limits can be extended retroactively. It's silent as well on whether states can rescind ratification.

So what happens when Virginia's governor inks the state's ratification?

Your guess is as good as ours. This is new territory.

Folks have argued for decades about whether an ERA is needed. Now it may, just may, become reality. Or not. We expect this will end up in the nation's highest court and the justices will have a real puzzler on their hands.

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