Case: Elizabeth Cady Stanton Trust v. Neronha
PC-2022-02942 | Rhode Island state trial court
Filed Date: May 12, 2022
Closed Date: Sept. 8, 2023
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Case Summary
On May 18, 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 Michigan, Elizabeth Cady Stanton Trust v. Nessel, and in New York, Elizabeth Cady Stanton Trust v. James.
Represented by private counsel, the Trust sued the Attorney General of Rhode Island in the Providence County Superior Court. It 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 Rhode Island.
On June 23, 2022, the Attorney General filed a notice of removal and the case was removed to the US District Court for the District of Rhode Island. The case was assigned to District Judge Mary S. McElroy and Magistrate Judge Lincoln D. Almond.
On August 25, 2022, the Attorney General filed a motion to dismiss. On June 15, 2023, the court held a hearing on the motion and, on September 8, 2023, Judge McElroy granted the motion to dismiss. Noting that the that the last step on the path for an Amendment to be added to the US Constitution is certification and publication by the National Archivist, Judge McElroy held that whether the National Archivist should have done so, or should yet do so, was not properly before the court.
The Trust did not appeal. The case is closed.
Summary Authors
Avery Coombe (2/11/2024)
People
McElroy, Mary Susan (Rhode Island)
Rice, Amy G. (Rhode Island)
Sheehan, Megan E. (Rhode Island)
Fisher, T. Evan Eosten (Rhode Island)
Schaub, Etie-Lee Z. (Rhode Island)
Documents in the Clearinghouse
Docket
Last updated Feb. 19, 2024, 4:17 p.m.
Case Details
State / Territory:
Case Type(s):
Healthcare Access and Reproductive Issues
Key Dates
Filing Date: May 12, 2022
Closing Date: Sept. 8, 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
State
Attorney General of Rhode Island
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Other Dockets:
Rhode Island state trial court PC-2022-02942
District of Rhode Island 1:22-00245
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Issues
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)
Case Summary of Elizabeth Cady Stanton Trust v. Neronha, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45162/ (last updated 2/11/2024).