Equal Means Equal v. Ferriero, No. 20-1802 (1st Cir. 2021)Annotate this Case
The First Circuit dismissed this appeal arising in connection with a lawsuit alleging that the Equal Rights Amendment (ERA) is now part of the United States Constitution, holding that none of the plaintiffs met their burden at the pleading stage with respect to federal constitutional requirements.
Plaintiffs were Equal Means Equal, a national nonprofit organization, The Yellow Roses, a student organization based in Massachusetts, and Katherine Weitbrecht, a resident of Massachusetts. Plaintiffs brought this action against David Ferriero, in his official capacity as Archivist of the United States, alleging that, after Virginia ratified the ERA in 2020, the Archivist violated 1 U.S.C. 106b when he refused to publish it and certify its adoption. The district court dismissed the claims for lack of subject matter jurisdiction. The First Circuit affirmed, holding that Plaintiffs failed to plead sufficient facts to establish standing under Article III of the United States Constitution to bring this action in federal court.