| Venue: | SCOTUS |
| Facts: | MO has an article in its constitution specifying that all judges over 70 need to retire. Gregory, et al., file suit. |
| Posture: | Don't really know. |
| Issue: | Does this provision violate ADEA (the federal Age Discrimination in Employment Act), and does it violate equal protection? |
| Holding: | No, and No. |
| Rule: | Elected officials are not covered by ADEA, and age is not a suspect category, so all we need here is rational basis analysis. |
| Reasoning: | It's not irrational to conclude that people start to deteriorate
after 70, and it's hard to get rid of judges otherwise. So
this rule could have a rational basis.
As for whether judges are counted under ADEA, the statute isn't so clear that we can conclude they are not. |
| Dicta: | In the tension between federal and state power lies the promise of liberty. |