Below are all the court filings in this case, which make for fascinating reading. If your reading time is limited, we believe these amicus briefs are particularly compelling:
Pleadings are listed in chronological order starting from most recent and ending with the original complaint.
Virginia v Ferriero is, generally speaking, a writ of mandamus which is a fancy way of saying the plaintiff states are suing to compel the National Archivist to do his job. The National Archivist is the nation’s librarian, and his duty is purely administrative / ministerial. The plaintiff states seek to compel him to publish the U.S. Constitution with the 28th Amendment.
1. Business Perspective for Ratification filed by 86 Business and Corporate Entities
2. Constitutional Accountability Center
3. Constitutional Law Professors (Erwin Chemerinsky, Noah Feldman, David Pozen, and Julie C. Suk) in Support of Neither Party
4. Constitutional Law Scholars (Catharine A. MacKinnon, Paul Brest, Rebecca Brown, Kimberle Crenshaw, Martha Field, Lawrence Lessig, Deborah Jones Merritt, Martha Minow, Jessica Neuwirth, Margaret Jane Radin, Dorothy Roberts, Diane Rosenfeld, Jane S. Schacter, Geoffrey R. Stone, Gerald Torres, and Laurence H. Tribe; filed by Kathleen Sullivan) in Support of Ratification
5. International Law Brief Equality Now et al (Equality Now, The World Policy Analysis Center, The Latin American and Caribbean Committee for the Defense of Women’s Rights (CLADEM), The Equal Rights Trust, The European Women’s Lobby, FEMNET, The Arab Women Organization, and The Sisterhood is Global Institute)
6. National Organizations Brief filed by Advocates for Equality and Women’s Rights (50+ organizations, including VoteEqualityUS)
7. Former State Legislators in Illinois, Nevada, and Virginia (Hon. Steven Andersson, Hon. Jennifer Carroll Foy, Hon. Amber Joiner, Hon. Lou Lang, Hon. Karen McConnaughay, Hon. David R. Parks, Hon. Julia Ratti, Hon. Ellen B. Spiegel, Hon. Heather Steans, Hon. Heidi Swank, and Hon. Joyce Woodhouse)
8. Youth Amici Generation Ratify et al (Generation Ratify, Gen-Z for Change, iFeminist, InnovateX, Montgomery County Students for Change, Pride Liberation Project, The Feminist Front, The Greater Good Initiative, The Homegirl Project, The Pad Project, and Youth Against Sexual Violence)
9. Brief by Kentucky Advocates Marie Abrams, Dolores Delahanty, Barbara Hadley Smith, David Karen, and Virginia Woodward
10. Organizations that Advocated for ERA Ratification in VA, IL, NV (Nevada Coalition to End Domestic and Sexual Violence, Nevada Women’s Lobby, ERA Illinois, Illinois Coalition Against Domestic Violence, Illinois Coalition Against Sexual Assault, League of Women Voters of Illinois, YWCA Elgin, YWCA McLean County, YWCA of University of Illinois, VA Ratify ERA, Chicago Bar Association, Illinois Bar Association, AAUUIL, Center for Common Ground)
13. The United Conference of Mayors, Equal Means ERA, 38 Agree for Georgia, and LARatifyERA
Brief of Archivist/Government Filed 03/04/2022
Intervenor’s Brief Filed 03/04/2022
Brief of Appellants/Plaintiff States Filed 01/03/2022
Notice of Appeal filed by Virginia, Illinois and Nevada Filed 05/03/21
Order Filed 3/5/2021
Motion to Dismiss is Motion for Summary Judgment granted and case dismissed. Plaintiffs can appeal this decision.
AL, LA, NE, SD, TN answer to the plaintiff’s complaint
Link to the memo
NV, IL, VA motion for summary judgment
Link to motion
Link to statement of undisputed material facts
Link to declaration of Michelle Kallen (lead counsel)
Link to exhibits
DECISION (March 5, 2021): DENIED
AL, LA, NE, SD, TN motion for summary judgment
Link to memorandum
Link to statement of material facts
Plaintiff states’ motion in opposition of motion for summary judgment
Link to memorandum
Link to statement of material facts
DECISION (March 5, 2021): GRANTED
NV, IL and VA equality advocacy groups – Link to brief Filed 06/29/20
Summary: Plaintiff states have Article III standing to compel the archivist to add the 28th Amendment; Article V mandates inclusion of the 28th Amendment; Article V does not grant authority to rescind a ratification
Equality Now and other international equality advocacy groups – Link to brief Filed 06/29/20
Summary: International norms include express constitutional guarantees of gender equality; the US is required to adopt the ERA to comply with treaty requirements; the US should adopt the ERA to comply with international law and human rights standards
ERA Coalition – Link to brief Filed 07/01/20
Summary: Fight for equality has been long and hard, as advocates have struggled to correct the Framers’ intentional exclusion of women; women today face persistent inequality in nearly every sphere – inequality that reflects a continued and acute need for the ERA
GenRatify + other youth oriented equality advocates – Link to brief Filed 06/29/20
Summary: Young advocates have played a central role in the ERA; the ERA has the potential to advance broader rights of gender equality for young people
Corporate America (108 companies) – Link to brief Filed 07/28/20
Summary: As corporate citizens, Amici are strongly committed to the ERA as a means to advance the goal of gender equality; ERA would enable women’s full participation in the labor force and provide consistency in the enforcement of laws affecting women
17 ratified states, 1 unratified state, Governor of Kansas, District of Columbia – Link to brief Filed 06/29/20
Summary: Congress lacked authority to impose a seven-year deadline; the attempts by five states to rescind a ratification are ineffective
Michigan – Link to brief Filed 07/02/20
Summary: The Equal Rights Amendment must be enshrined in the U.S. Constitution
Governor of Montana – Link to brief Filed 07/08/20
Summary: Justiciable; ratifying states will suffer real injury if the 28th Amendment is not added
US Conference of Mayors and equality advocacy groups from 3 unratified states – Link to brief Filed 06/29/20
Summary: The ERA will join the US with other countries in guaranteeing women’s equality; strict scrutiny; constitutional basis for claims of sex discrimination / gender-based violence; helpful appendix of international constitution references to gender equality
VoteERA.org – Link to brief Filed 07/06/20
Summary: SCOTUS commentary on deadlines is not binding precedent; Framers chose not to allow deadlines; 19th Century Congressional action supports a textualist reading of Article V; Plain text of Article V does not allow Congress to limit amendments, does not allow states to rescind nor make ratifications contingent upon additional events
Constitutional law professors – Link to brief Filed 06/29/20
Summary: Judicial review of the validity of the ERA’s ratification is precluded; only Congress is constitutionally authorized to resolve the ratification of a constitutional amendment; there is no role in the Constitution for the archivist or executive branch in amending the Constitution
Eagle Forum and other national anti-equality advocacy groups – Link to brief Filed 05/14/20
Summary: Plaintiffs did not meet their burden of proof; deadlines on constitutional amendments; complaint based on false predicates; 28th Amendment legally not equivalent to 27th Amendment
Concerned Women for America and Susan B. Anthony List – Link to brief Filed 07/24/20
Summary: Congressional deadline; Supreme Court dismissed litigation as moot
DECISION (March 5, 2021): GRANTED
Independent Women’s Law Center – Link to brief Filed 07/15/20
Summary: Unnecessary; deadline; changed Constitutional landscape; change in language; voter participation in process
Defendant’s motion to dismiss – Link to motion
Summary: Plaintiffs lack Article III standing; rescission of a ratification is not ripe for review; Plaintiffs’ claims would require the court to answer a political question; Plaintiffs do not meet legal requirements for mandamus jurisdiction
Plaintiff states’ opposition to the motion to dismiss – Link to opposition to motion to dismiss
Summary: This court has the power to review and rectify the Archivist’s overreach; the purported deadline in the congressional resolution does not invalidate the Plaintiff States’ ratifications of the Equal Rights Amendment; the Plaintiff States have satisfied other requirements for mandamus relief
Defendant’s reply in motion to dismiss – Link to reply
Plaintiffs fail to demonstrate a concrete injury; rescissions are not ripe for review; issue is political; failure to satisfy the required elements for mandamus relief
DECISION (March 5, 2021): GRANTED
AL, LA, NE, SD and TN request to join the defense
Link to motion
Plaintiff states’ motion to deny intervention
Link to memorandum
AL, LA, NE, SD and TN response to the motion to deny their intervention
Link to reply memorandum
DECISION (June 12, 2020): GRANTED – Link to memo order
Alabama, Louisiana, Nebraska, South Dakota, and Tennessee were approved as interveners.
NOTE: Should the Department of Justice withdraw in the future, these five states may continue their defense of the case without the DOJ.
This case is, generally speaking, a writ of mandamus which is a fancy way of saying the plaintiff states are suing to compel the National Archivist to do his job. The National Archivist is the nation’s librarian, and his duty is purely administrative / ministerial. The plaintiff states seek to compel him to publish the U.S. Constitution with the 28th Amendment.
Link to complaint
ADDITIONAL FAQs