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Legislative Process Keyed to Bressman, 4th Ed.
Gregory v. Ashcroft
Citation:
501 U.S. 452 (1991)Facts
Petitioners Ellis Gregory, Jr., an associate circuit judge, and Anthony P. Nugent, Jr., a judge of the Missouri Court of Appeals, were appointed to their positions by the Governor of Missouri pursuant to the Missouri Non-Partisan Court Plan. Both judges were subject to the mandatory retirement provision in the Missouri Constitution requiring all judges other than municipal judges to retire at age 70. The judges filed suit against Governor Ashcroft, challenging the validity of this mandatory retirement provision on grounds that it violated both the ADEA and the Equal Protection Clause of the Fourteenth Amendment. The ADEA prohibits employers, including state governments, from discriminating against employees based on age, but excludes from its definition of “employee” any person elected to public office, any person chosen by an elected official to be on their personal staff, “an appointee on the policymaking level,” or an immediate adviser.
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