Virginia Attorney General Mark Herring. Photo: Alex Wong/Getty Images

Three Democratic state attorneys general filed a lawsuit against a federal government official on Thursday to certify the Equal Rights Amendment, which would ban sex-based discrimination, into the U.S. Constitution.

The big picture: The lawsuit follows the National Archives and Records Administration's decision not to adopt the amendment, despite Virginia's General Assembly approving the ERA in mid-January, becoming the 38th state to do so. The NARA's decision is in line with a Justice Department legal opinion also issued earlier this month, arguing that Congress imposed a deadline for ratification, which expired in 1982.

Details: The attorneys general of Virginia, Nevada and Illinois, the last three states needed to reach the 38-state threshold for certification, argue in their lawsuit that it is national archivist David Ferriero's duty to certify the amendment.

  • "After generations of effort, the women of this country are entitled to their rightful place in the Constitution. This Court should compel the Archivist to carry out his statutory duty of recognizing the complete and final adoption of the Equal Rights Amendment," the lawsuit reads.

Go deeper... In photos: Women's March 2020 protests around the U.S.

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GOP fears "little guy" attack on Amy Coney Barrett

Illustration: Eniola Odetunde/Axios

White House aides and Senate Republicans have spent the past week readying binders full of messaging and rebuttals to guide Judge Amy Coney Barrett to a pre-Nov. 3 confirmation. "We knew for days it was going to be Amy," a Senate GOP aide involved in her confirmation process told Axios.

What we're hearing: Beyond the expected questions about her views on religion, abortion and health care, Republicans worry about Democrats painting Barrett as someone who is insensitive and unfair to “the little guy,” one source involved in the talks told Axios.

Updated 28 mins ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 4:30 p.m. ET: 32,938,616 — Total deaths: 995,465 — Total recoveries: 22,782,724Map.
  2. U.S.: Total confirmed cases as of 4:30 p.m. ET: 7,101,774 — Total deaths: 204,618 — Total recoveries: 2,750,459 — Total tests: 100,492,536Map.
  3. States: 3 states set single-day coronavirus case records last week — New York daily cases top 1,000 for first time since June.
  4. Health: The long-term pain of the mental health pandemicFewer than 10% of Americans have coronavirus antibodies.
  5. Business: Millions start new businesses in time of coronavirus.
  6. Education: Summer college enrollment offers a glimpse of COVID-19's effect.

Debate commission co-chair: We don't expect moderators to fact-check candidates

Presidential Debate Commission co-chair Frank Fahrenkopf Jr. said Sunday he doesn't expect Fox News anchor Chris Wallace or any of the other moderators to fact-check President Trump or former Vice President Joe Biden at the debates.

What he's saying: "There's a vast difference between being a moderator in a debate and being a reporter who is interviewing someone," Fahrenkopf said on CNN's "Reliable Sources."