The states that brought the lawsuit do not have standing. This means that the states that brought the lawsuit were not injured by the fact that the Archivist refused to publish the amendment. Their argument is that the Archivist’s refusal to publish the Amendment undermined their sovereign power to ratify a change to the Constitution.
Center for Gender and Sexuality Law,
ERA Project FAQ on the District Court's Decision in Virginia v. Ferriero,
Available at: https://scholarship.law.columbia.edu/gender_sexuality_law/13