ERA Defeat

Nathan Newman nathan at newman.org
Sat Nov 9 21:06:14 PST 2002


----- Original Message ----- From: "andie nachgeborenen" <andie_nachgeborenen at yahoo.com>
> The ERA went down at least partially because the
> Supreme Court made it
> partially unneeded with a series of decisions
> striking down discriminatory
> laws. In a lot of ways, the ERA was killed more by
> liberalism in the court
> than conservative opposition.

-There is good study of this, Why We Lost the ERA, by, -who, Mansbridge(?) NWU Polisci, as I recall. I read it =years ago, but I forget what she concluded. Did she -agree with this view? jks

Haven't read it but just my view from looking at the debate in the last few states that failed to ratify. Actually, I believe it was Potter Stewart who noted in a concurrence in Frontiero (a major equal rights for women decision) that he worried that the decision might disrupt the debate over the ERA. I think he was right that it did. Without Frontiero and other decisions that read a quasi-ERA into the constitution, the real ERA probably would have sailed through.

-- Nathan Newman



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