The Equal Rights Amendment represents a Hail Mary constitutional pass to clarify that sex-based discrimination is unconstitutional, yet its ratification faces numerous legal hurdles.
The ERA was initially drafted in 1923, but stalled in Congress until some states decided to ratify it, creating complex legal questions about validity.
Supporters of the ERA argue that in the face of a possible second Trump administration, moving forward with legal challenges is crucial to securing equal rights.
Dahlia Lithwick and Mark Joseph Stern emphasize the need to address the uncertainties surrounding the ERA and its future as a constitutional guarantee.
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