The Nineteenth Amendment Today

Abstract

Chapter 8 concludes that the Nineteenth Amendment can be revitalized today, to more fully ensure women’s equality. It reviews new legal scholarship that suggests direct applications of the Nineteenth Amendment to today’s voting rights challenges. And it describes how some scholars suggest that the Nineteenth should be read together with the Fourteenth Amendment, as a normative matter, to provide a more capacious understanding of the Fourteenth, as applied to women’s rights, beyond voting. Given persistent gender inequality, and the uncertain status of the Equal Rights Amendment (ERA), the chapter concludes that it is worth revisiting the jurisprudential potential of the Nineteenth Amendment, at its centennial.