Filed Date: May 18, 2022
Closed Date: April 12, 2023
Clearinghouse coding complete
On May 19, 2022, the Elizabeth Cady Stanton Trust ("the Trust") filed this lawsuit, asking the court to declare the Equal Rights Amendment as a fully ratified and enforceable part of the U.S. Constitution. The lawsuit was filed in response to the leaked majority opinion of Dobbs v. Jackson Women’s Health Organization, published on May 2, 2022, which indicated the Supreme Court was going to overturn the constitutional right to abortion. Alongside this lawsuit, the Trust filed lawsuits seeking the same declaratory relief in New York, Elizabeth Cady Stanton Trust v. James, and in Rhode Island, Elizabeth Cady Stanton Trust v. Neronha.
Represented by private counsel, the Trust sued the Attorney General of Michigan in the Michigan Court of Claims. Plaintiff argued that the ERA is ratified and enforceable and so there is a constitutional provision that protects abortion. In addition to declaratory relief, the Trust sought attorneys' fees and mandamus relief in the form of a court order requiring the defendant to identify and repair all sex discriminatory laws, policies, and programs in Michigan.
On September 2, 2022, the Michigan Attorney General moved for summary disposition. On April 12, 2023, Judge Douglas B. Shapiro granted the motion, holding that the Trust lacked standing to bring its claims and that, even if it were to find standing, mandamus relief would not be proper and dismissal would be required.
The Trust did not appeal. The case is closed.
Summary Authors
Avery Coombe (2/11/2024)
Last updated Aug. 30, 2023, 1:31 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Michigan
Case Type(s):
Healthcare Access and Reproductive Issues
Key Dates
Filing Date: May 18, 2022
Closing Date: April 12, 2023
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The Elizabeth Cady Stanton Trust is a national 501(c)(3) organization whose mission includes education and advocacy for women’s constitutional equality and rights.
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Attorney General of Michigan, State
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Reproductive rights: