Lawsuit Seeks to Preserve Integrity of Constitutional Amendment Process
Read the lawsuit HERE.
For almost 250 years, the New York State Constitution has required a multi-step, deliberative process to ensure that any proposed amendment to the Constitution is carefully considered by the State Legislature prior to adoption. Any proposed changes can only be sent to the voters for approval after the amendment has been discussed, debated, and made available to the public for review. This lawsuit is about preserving the integrity of that process.
In 1938, for the first time, New York voters gave the State Attorney General a role in amending the State Constitution. The electorate chose to enhance the deliberative nature of the amendment process. Since then, under Article 19 of the Constitution, it is the duty of the Attorney General to give the Legislature a formal opinion on any proposed amendment prior to the Legislature voting on said amendment.
However, during a July 1, 2022 special session, the Legislature adopted the Equal Rights Amendment outside of this voter-approved process. The amendment was introduced through a Message of Necessity from the Governor which waived the committee process and waived the three-day aging process for bills. Debate was limited in both houses. In the Assembly, there were mandatory limitations on debate imposed by the Majority through Rule changes. It was then voted on and approved the same day. At the time legislative votes were cast, an opinion from the Attorney General was absent. That opinion did not arrive until July 13, 2022—almost two weeks later.
The adoption of the amendment, therefore, violates both the spirit and the letter of the law. The Legislature disrespected and disregarded the Attorney General’s role in the amendment process and, in so doing, it violated the express provision of the Constitution that requires the Legislature to receive the opinion of the Attorney General before it takes a vote on a constitutional amendment.
New Yorkers cannot sit idly by while our constitutional process is abused for purposes of political expediency. This lawsuit seeks to preserve the process and procedure by which the people of the Empire State are governed. The rule of law matters, and sometimes it is necessary to pursue legal recourse to preserve fairness and equity for every person in our legal system. Now, it is hoped that the courts will agree.
Read the lawsuit HERE.
