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Coleman v. Miller (ERA ratification SCOTUS)

District · Active active
Judge (CL)
Terry A Doughty
Filed (CL)
Jan 18, 2023
CL Status
Terminated

Legal Issues

Equal Rights Amendment (ERA)constitutional amendment processratificationSupreme Court jurisdictionarchivist roleintermediate scrutinystrict scrutiny

The Facts

Kansas had initially voted to ratify then to reject the Child Labor Amendment. Senator Coleman sought a declaration that Kansas had lost its power to ratify. The Court addressed whether a state could rescind ratification and whether a concurrent resolution extending ratification was valid.

The Issue

Whether states may rescind ratification of a constitutional amendment

Whether Congress may extend the time for ratification by concurrent resolution

The Rules

Article V constitutional amendment procedure

Political question doctrine

Congressional power over the ratification process

The Application

History

When Kansas attempted to rescind its ratification of the Child Labor Amendment and challenged a congressional resolution extending the ratification period, the Court faced the question of whether these amendment-process disputes were justiciable or political questions. Applying its political-question doctrine, the Court held that because the Constitution assigns Congress the role of determining whether an amendment is properly ratified, questions whether a state could rescind and whether time could expire on a pending amendment were committed to Congress's judgment rather than subject to judicial review. The Court thus declined to overturn Kansas's rescission or invalidate the congressional extension, leaving those determinations to Congress's discretion under Article V.

The Conclusion

Court held ratification rescission and extension questions were political questions for Congress, not courts. Foundational Article V and political question precedent.

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