How Should Legal Feminists Respond to Political Backlash? The ERA and the Trump Administration

In 1972, the U.S. Congress adopted the Equal Rights Amendment (ERA), but the amendment was not ratified by enough states to be added to the U.S. Constitution. The U.S. remains one of the few constitutional democracies without a sex equality clause. Three states ratified the ERA in the last three years, but the Trump administration is trying to stop the ERA, saying it’s too late. ERA opponents argue that there is no need for a constitutional prohibition of sex discrimination. In response, well-known feminists like Justice Ruth Bader Ginsburg and Professor Joan Williams have said that the ERA is not worth fighting for in 2020 because of the political controversy. What are the normative legal consequences of responding to backlash in this manner? When an amendment that would strengthen constitutional ADL is abandoned by feminists because of political backlash, how does that shape remaining legal paths for the pursuit of equality agendas?