The Apparition Amendment: The Potential Effects of the Addition of a Federal Equal Rights Amendment to the United States Constitution in a Post-Dobbs United States

Authors

Alexa Liverano, Touro Law Center

Date

2023

Abstract

This Note will explore the feasibility of amending the federal Constitution to add an Equal Rights Amendment, and will outline previous attempts to pass such an amendment. It will also explore the potential ramifications of the additions of such an amendment. This Note will also inspect the language of Equal Rights Amendments within State constitutions and discuss what language ought to be included should a federal amendment be published in light of the United States Supreme Court’s decision in Dobbs. Part one will consider the legal viability of the Equal Rights Amendment of 1972 today. Part two will explore the levels of judicial scrutiny applied to laws which call for disparate treatment of Americans and how an ERA might be interpreted and explore the effects that an Equal Rights Amendment could have on Supreme Court decisions post-Dobbs. Finally, part three will consider the legitimacy an ERA might enjoy and explore the language which should be included within the amendment.

Recommended Citation

Liverano, Alexa (2023) "The Apparition Amendment: The Potential Effects of the Addition of a Federal Equal Rights Amendment to the United States Constitution in a Post-Dobbs United States," Journal of Race, Gender, and Ethnicity: Vol. 12: Iss. 1, Article 8.
Available at: https://digitalcommons.tourolaw.edu/jrge/vol12/iss1/8