Observations:
Ruth Bader Ginsburg, Ratification of the Equal Rights
Amendment: A Question of Time, 57 Texas L. Rev. 919 (1979).
Abstract:
This observation is the text of the twelfth Will E. Orgain
Lecture, substantially as delivered at the University of Texas
School of Law on March 22, 1979. In “Ratification of the Equal
Rights Amendment,” Professor Ginsburg discusses principle issues
regarding the extension of the Ratification time for the Equal
Rights Amendment. In particular, Ginsburg addresses the question
of Congressional authority to extend the time frame, the vote
required, and the possible role for the President. She argues
the Supreme Court should accord Congress deference in its
extension decision because the manner in which Congress dealt
with the issue falls within its constitutional boundary. She
then discussed the policy question whether Congress acted
responsibly in extending the ratification period. She answers
that they did, in that extension permits responsible members of
the community to speak out more valuably than they had and allow
for more rational discourse. Finally Professor Ginsburg turns to
the question of rescission. This discussion examines the debate
whether the consensus on ratification must be contemporaneous or
whether states could change their minds after having ratified or
rejected. Ginsburg concludes by urging ratification of the ERA.