Miares, in court documents Friday, dismissed Virginia as a party in an appeals case brought by then-Democratic Attorney General Mark Herring, which seeks to publish ERA.
“Following the change of administration on January 15, 2022, the Attorney General has reconsidered Virginia’s position in this matter,” the court filing read.
Miares spokeswoman Victoria LaCivita told CNN in a statement Friday that Virginia would no longer participate in the trial “given that a Democrat has appointed the judge, and the Biden administration has all concluded that it is time to ratify the ERA.” The limit has passed decades ago.”
“Any further involvement in this trial would undermine the US Constitution and its amendment process,” he said.
The office of Nevada Attorney General Aaron Ford confirmed to CNN that it will continue its appeal. CNN has contacted Illinois Attorney General Kwame Raul for comment.
“America must live up to its principles of equality, and this amendment is a necessary and necessary step toward the future we deserve. This fight continues,” Ford said in a statement.
The US Congress passed the ERA in 1972, sending it to the states for ratification with a time limit of seven years, which was later extended to 1982. But by then, only 35 states had ratified the ERA—and five of those states had withdrawn their support. Era within that time, raising important constitutional questions that remain unanswered today.
With ERA proponents arguing that the state could not repeal an amendment, Nevada, Illinois and Virginia have ratified the amendment in recent years.
Opponents, who object to the ERA partly because of how it can increase access to abortion, say the amendment is dead, arguing that ratification has expired and five states’ defenses are valid.
In his opinion, Contreras wrote that archivists publishing and certifying an amendment “have no legal effect” and therefore not publishing the ERA does not harm Virginia, Illinois and Nevada. The judge also said that the archivists cannot ignore the deadline set by the Congress.
Friday’s court filing on behalf of the Solicitor General for Miares said, “After careful review of the filing and the relevant precedents, Virginia is now of the view that the District Court has correctly held that this lawsuit is against Archivist.” Mandatory relief is not a lie.”
Douglas Johnson, a senior policy adviser at National Right to Life, a group opposed to the ERA, called Virginia’s withdrawal from appeal “the latest in a very long series of legal and political setbacks for the ERA-revival creed.”
But the ERA Coalition said the move was expected from Miares and insisted it does not change much of the legalese.
“It was no surprise,” Carol Jenkins, president of the ERA Coalition, told CNN, “there’s already a plan for it. It’s not unexpected at all. It’s sad, though, because it’s going to hurt the people of Virginia.” It’s an insult to those who heavily support ERA.”
Jenkins said the Coalition had anticipated that Virginia would eventually withdraw from the case once Miares and Youngkin won the post. Miares was the Virginia House of Representatives when they voted in 2020 against adopting joint resolutions ratifying the ERA.
The Virginia Democratic Party condemned Miares’ move and said state Democrats “will stand firm in our opposition to Republican attempts to undermine the certification of the era.”
“Attorney General Miares is now sabotaging two years of work by the Commonwealth to ensure federal certification (ERA’s), driving his discriminatory, far-right and out-of-touch agenda to drive another truly Ill effort,” said party president Susan Sweker. in a statement.