Case: Elizabeth Cady Stanton Trust v. James
903819-22 | New York state trial court
Filed Date: May 19, 2022
Closed Date: June 26, 2023
Clearinghouse coding complete
Case Summary
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 ECS Trust filed lawsuits seeking the same declaratory relief in Michigan, Elizabeth Cady Stanton Trust v. Nessel, and in Rhode Island, Elizabeth Cady Stanton Trust v. Neronha.
Represented by private counsel, the Trust sued the Attorney General of New York in the Albany County Supreme 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 New York.
On September 28, 2022, the New York Attorney General moved to dismiss the complaint for failure to state a cause of action. On June 6, 2023, Judge Hartman granted that motion and dismissed the complaint, holding that the Trust lacked standing, failed to present a judiciable claim for declaratory relief, and failed to state a claim for mandamus relief.
The Trust did not appeal. The case is closed.
Summary Authors
Avery Coombe (2/11/2024)
People
Hartman, Denise A. (New York)
Hay, Deirdre Liddell (New York)
Hildonen, Kasey K. (New York)
Mitchell, Mark George (New York)
Documents in the Clearinghouse
Docket
Last updated Feb. 14, 2024, 5:14 p.m.
Case Details
State / Territory:
Case Type(s):
Healthcare Access and Reproductive Issues
Key Dates
Filing Date: May 19, 2022
Closing Date: June 26, 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 New York
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Other Dockets:
New York state trial court 903819-22
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Issues
Reproductive rights:
Case Summary of Elizabeth Cady Stanton Trust v. James, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45163/ (last updated 2/11/2024).