I’m thinking about whether there is a second article in my Birch Bayh research. One issue that merits some exploration is the relationship between the ERA and abortion rights. A common criticism of the ERA was that it would make abortion a constitutional right. After Roe, why didn’t that argument become moot?
I’m not sure, but some of the anti-ERA and anti-abortion commentary at the time was that the ERA would provide a textual basis for abortion rights that was lacking in Roe. This explanation is interesting because it suggests an awareness of the distinction between textual and unenumerated rights.
Another thought is that voting for the ERA was tantamount to voting for Roe. That’s also interesting, in that it may explain why state legislative support for the ERA fell sharply after Roe was decided.