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12 ¦ FEBRUARY 24, 2020 NEWS

¦ From RBG’S REMARKS on PAGE 11 recently that Ginsburg’s latest re-
Nebraska, South Dakota and marks expressed “a view about
Tennessee have rescinded their politics and strategy, not about
ratification while Alabama and the legality of any position.”
Louisiana rejected the ERA. “She didn’t comment on the
Citing Ginsburg again, this pending legislation. She didn’t
time from comments she made “As Justice Ginsburg put comment on the pending lawsuit,
this month at Georgetown, it, the ERA cannot be and that’s exactly as it should be,”
Strawbridge and the state attor- Coberly, chairwoman of the firm’s
neys general wrote: “As Justice ratified unless it’s ‘put back appellate and critical motions
Ginsburg recently explained, ‘a in the political hopper’ practice, said. “I wouldn’t expect
number of states have withdrawn and its proponents ‘start her to comment on a legal issue
their ratification [of the ERA],’ over again, collecting that is going to come before her.”
the necessary number

so ‘if you count a latecomer [like of states,’” lawyers for Consovoy McCarthy has played

Virginia] on the plus side, how Alabama, Louisiana, a leading role in several major

can you disregard states that said, Nebraska, South Dakota cases in trial and appellate courts,
‘We’ve changed our mind’?’” and the Supreme Court, in recent
In the motion, lawyers for the and Tennessee said in a years. Working with Strawbridge
states said their interests in the on the ERA case are Cameron
court filing.

lawsuit are “at a minimum” equal Norris, an associate and former
to the plaintiffs’ interests. “If Thomas clerk, and associates Al-
plaintiffs have standing to ensure exa Baltes and Tiffany Bates.
their ‘yes’ votes are counted and The firm has current or com-
the ERA is added to the Constitu- pleted contracts with various
tion, then movants have standing to ensure their ‘no’ states, including Alaska and Louisiana. Name part-
votes are counted and the ERA is not added to the ner William Consovoy’s standard hourly rate is
Constitution,” the motion stated. $985, but the firm has offered discounts to state cli-
The states also contend that if they are allowed to ents, contract records show. Strawbridge and other
intervene, they will raise defenses that may not be Consovoy McCarthy lawyers billed Louisiana $385
raised by the archivist, including whether the Con- hourly for work on a U.S. Supreme Court case last
stitution imposes deadlines on amendments and term.
whether states can rescind their ratification of con- The firm has defended Trump’s objections to con-
stitutional amendments. gressional and state grand jury subpoenas aimed at
Two additional lawsuits against the archivist rais- his accounting firm and his family’s financial deal-
ing similar issues involving ERA ratification are ings with Deutsche Bank. The justices will take up
pending: one also filed by Consovoy McCarthy in that dispute March 31. Lawyers from the firm also
the U.S. District Court for the Northern District brought an unsuccessful lawsuit, now on appeal, ac-
of Alabama by the states of Alabama, Louisiana cusing Harvard College of discriminating against
and South Dakota and the other filed in the U.S. Asian American student applicants.
District Court for the District of Massachusetts by The ERA case in Washington is pending before
Equal Means Equal, The Yellow Roses and Katherine U.S. District Judge Rudolph Contreras of the Dis-
Weitbrecht, represented by Wendy Murphy of New trict of Columbia.
England Law | Boston. ¦

Winston & Strawn partner Linda Coberly, chair- Marcia Coyle, based in Washington, covers the
woman of the National Equal Rights Amendment U.S. Supreme Court. Contact her at mcoyle@alm.
Coalition’s Legal Task Force, told The Atlantic com. On Twitter: @MarciaCoyle

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