I am currently writing an article about the ongoing effort to revive the proposed Equal Rights Amendment to the Constitution. Last year, Nevada ratified the ERA. Nevada's argument was that although the ratification deadline imposed by Congress for the ERA expired in 1982, Congress can waive that requirement and declare the amendment part of the Constitution if and when 3/4ths of the states ratify. My tentative conclusion is that this argument is correct, though the fact that some states rescinded their ratifications in the 1970s complicates the question of how we will know when three-fourths of the states have ratified.
Initially, I wondered whether I should write a law review article on this, as the question can be seen as hypothetical. Yesterday, however, the Illinois Senate voted to ratify the ERA. Resolutions to do the same are now pending in the Illinois House and in other state legislatures. As a result, I'm working away on the draft with all deliberate speed.
It is hard to avoid the thought that the revived interest in the ERA is, in part, a backlash against the actions of our current President, now supplemented by the #MeToo movement. The ERA as part of the Constitution would be an ironic result of the Trump Presidency, to say the least.
UPDATE (April 20): The New York Times has an editorial in today's edition on the ERA entitled "A Rebuke to Trump, A Century in the Making." Perhaps they were inspired by my post.