First Circuit Declines to Rehear Equal Rights Amendment Case (1)

A federal appeals court in Boston won’t rehear the appeal of Equal Rights Amendment supporters arguing the proposed addition to the U.S. Constitution has been ratified, leaving in place a lower court decision to dismiss their lawsuit for lack of standing and setting it up for a possible Supreme Court review.

The plaintiffs, led by advocacy group Equal Means Equal, are seeking a court order to force U.S. Archivist David Ferriero to publish the would-be 28th Amendment to the Constitution, sent to the states by Congress in 1972.

Ferriero has refused to publish it, relying on a Justice Department legal ...