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Gregory v. Ashcroft

(1991)

Supreme Court of the United States - 501 U.S. 452

tl;dr:

State judges fall within an exception to the Age Discrimination in Employment Act, so the statute does not apply to state judges.

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Facts & HoldingGregory v. Ashcroft case brief facts & holding

Facts:The Age Discrimination in Employment Act (ADEA) is a federal...

Holding:Holding (O’Connor): The relationship between federal and state government in...

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Gregory v. Ashcroft | Case Brief DeepDive
Majority opinion, author: Justice O’Connor
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The case involves Missouri state judges challenging the constitutionality of the mandatory retirement provision at age seventy, claiming it violates the federal Age Discrimination in Employment Act and the federal constitutional prescription of equal protection of the laws. The Supreme Court affirmed the decision, recognizing the principle of dual sovereignty between the States and the Federal Government. The case involves whether state judges are covered by the ADEA and the "political function" exception to the Equal Protection Clause. The ADEA will not be interpreted to cover state judges unless it is clear that Congress intended to include them. The case highlights the importance of clear and precise language in statutes to avoid ambiguity and ensure the proper balance of power between the Federal Government and the individual States.

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Opinion (Concurring-in-part-and-dissenting-in-part), author: Justice White
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The legal case concerns whether Missouri's mandatory retirement provision for state judges violates the Age Discrimination in Employment Act (ADEA). The majority opinion holds that state judges are not covered by the ADEA unless explicitly included by Congress. However, Justice White disagrees, arguing that the ADEA's definition of "employer" includes states and that state law is pre-empted by federal law in cases of conflict. The Supreme Court ultimately held that the majority's decision was a misinterpretation of the ADEA, which protects all individuals employed by any employer unless expressly excluded. The Court also found fault with the majority's treatment of Congress' power under § 5 of the Fourteenth Amendment and their plain statement rule, which contradicts previous decisions and lacks clarity.

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Dissenting opinion, author: Justice Blackmun
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The case involved the Age Discrimination in Employment Act of 1967 and appointed Missouri state judges. Justice Blackmun disagreed with the determination that appointed state judges fall within the narrow exclusion from ADEA coverage for "appointees on the policymaking level." The Court concluded that appointed judges are not "appointees on the policymaking level" under 29 U.S.C. § 630(f) as they are not accountable to the official who appoints them and are precluded from working closely with that official once appointed. The Court argues that the purpose of the policymaking exclusion was to exempt from coverage those who are in a close personal and immediate relationship with the elected official and are his first line of advisers, not to exclude judges or those on the policymaking level.

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