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Posted by on Apr 10, 2007 in At TMV | 8 comments

The Originalist Conundrum

Over the past few years, the Equal Rights Amendment has been kept alive mostly through the efforts of a relatively left-wing band of scholars and activists. It is their work that has laid the foundations for the contemporary meaning and understanding of the ERA we may now pass. Now that it’s back on the table, this will present quite a dilemma for the mostly-conservative judges who call themselves “originalists.”