Getting that 38th state, however, would not be the end of the battle. The courts would have to decide whether the deadlines Congress set are valid. They would also have to rule on whether states have the right to rescind their ratification — as five of the current count of 36 have voted to do. If the answer to either question is yes, the effort to adopt the ERA would have to start all over. But the supporters make a plausible case that the answer to both is no.