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Judge grants request from Trump DOJ, Republican AGs to dismiss Herring ERA lawsuit

constitution law
(© Daniel Thornberg –

A federal judge has granted a request filed by the Trump Department of Justice and a group of Republican state AGs to dismiss a suit filed by Attorney General Mark Herring to ensure that the Equal Rights Amendment was recognized as the 28th Amendment to the U.S. Constitution, following Virginia’s ratification of the ERA.

Herring had filed suit in January 2020, and in May, the Trump administration filed a motion to dismiss the suit, seeking to block gender equality from being added to the Constitution.

Herring filed a brief opposing the motion to dismiss, and also moved for summary judgment in his landmark civil rights lawsuit, as well as filed a brief opposing the motion of AGs in (Alabama, Louisiana, Nebraska, South Dakota, and Tennessee for summary judgment.

Herring issued a statement on the latest in the legal maneuverings:

“The women of this country have waited over two centuries to be afforded equal protections under this country’s founding document and with today’s decision they will now be forced to wait even longer – that’s just wrong. Our efforts to enshrine gender equality in the Constitution have been met with many roadblocks, including those from the Trump Administration and Republican attorneys general, who have made it clear that they do not believe women should be guaranteed equal rights in this country.

“While I do not believe that the arbitrary deadline Congress imposed on the Equal Rights Amendment is binding in any way, I welcome any support from both the Biden Administration and Congress in ensuring that this amendment is recognized as part of the Constitution once and for all.

“I am not giving up this fight and I will consider any and all options moving forward, including appealing this decision. It has been an honor and a privilege to stand alongside every one of the advocates who has fought so hard to ensure women’s equality is protected under the Constitution and we will not stop now.”

Story by Chris Graham

augusta free press
augusta free press