NAWL Joins Amicus Brief to Force Recognition of ERA

February 28, 2023

UPDATE February 28, 2023 -- The federal appeals court dismissed the case brought by Illinois and Nevada that sought to have the US archivist publish and certify the Equal Rights Amendment as part of the Constitution.


ERA Coalition released the following statement from the Legal Task Force chair and board member Linda Coberly, in response to the decision on Illinois v Ferriero:


"We’re disappointed in the court’s ruling. But we note that the ruling does not resolve the issue of the time limit. It simply notes that the dispute about the time limit stands in the way of finding a ‘clear and indisputable right,’ as would be necessary for the specific relief sought in the lawsuit. Ultimately, the decision leaves the issue squarely in the hands of Congress. And just this morning, the Senate Judiciary Committee heard testimony on the issue. Congress has the power to act, and it should act now."



January 10, 2022 -- NAWL and advocates representing 52 organizations for women's equality filed an amicus brief in the U.S. Court of Appeals for the District of Columbia Circuit in the case filed by the Attorneys General of the last three states to ratify the Equal Rights Amendment –– Nevada, Illinois, and Virginia –– to force U.S. Archivist David S. Ferriero to publish the ERA to the U.S. Constitution. The Court previously dismissed the case for supposed lack of jurisdiction. Read the brief>>>

April 30, 2026
Yesterday, the United States Supreme Court issued its decision in Louisiana v. Callais , ruling 6–3 that Louisiana’s congressional map creating a second majority-Black district is an unconstitutional racial gerrymander. In reaching that decision, the Court narrowed how Section 2 of the Voting Rights Act may be used to remedy racial vote dilution, despite prior findings that Louisiana’s earlier maps likely infringed on the voting rights of Black residents. This decision marks a serious setback for voting rights and democratic participation. For nearly six decades, the Voting Rights Act has served as a cornerstone of our legal system’s effort to confront and remedy structural discrimination in the electoral process. By restricting the tools available to address unequal representation, the Court’s ruling makes it harder to correct long standing disparities in who has a voice in our elections. In a dissent read aloud from the bench, Justice Elena Kagan cautioned that the Court’s decision undermines one of the last effective tools for protecting fair representation. Describing the ruling’s impact on the Voting Rights Act, she wrote that Section 2 is now “all but a dead letter,” unable to fulfill its core purpose. She highlighted that a democracy cannot function as promised when the law prevents meaningful remedies for electoral systems that lock some communities out of political power. NAWL is committed to a democracy that works for everyone, supported by a legal system that recognizes discrimination and acts to correct it. As lawyers, judges, advocates, and scholars, we understand that voting rights are foundational to all other rights. NAWL will continue to engage its members on the implications of this decision through education and dialogue. We invite NAWL members to continue this important conversation by attending our session “ Louisiana v. Callais : Voting Rights and the Future of Our Democracy” at NAWL’s 2026 Annual Meeting in Chicago on July 22–23 . Hear from Jessica Ellsworth (Partner and Co-Chair, Supreme Court and Appellate Practice at Hogan Lovells), Samuel Spital (Associate Director-Counsel at the Legal Defense Fund), Franita Tolson (Dean of USC Gould School of Law), and Wendy Weiser (Vice President, Democracy at Brennan Center for Justice). Our expert panel will examine the implications of this decision and its future impact on voting rights and the rule of law.
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