The Virginia legislature ratified the Equal Rights Amendment earlier this month, and Virginia, Illinois, and Nevada filed a lawsuit this morning urging a federal judge to declare that the ERA is now part of the Constitution. This episode explores the fast-developing constitutional question of whether an amendment that declares that “equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex” will be adopted, despite its unusual ratification process. Dr. Julie Suk, author of a forthcoming book on the ERA, and Professor Sai Prakash, author of an article on its ratification process, join host Jeffrey Rosen.

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