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Legislation and Regulation Keyed to Manning, 5th Ed.
Gregory v. Ashcroft
Citation:
501 U.S. 452 (1991)Facts
The Missouri Constitution, Article V, § 26, mandated that “[a]ll judges other than municipal judges shall retire at the age of seventy years.” Petitioners Ellis Gregory, Jr., an associate circuit judge, and Anthony P. Nugent, Jr., a judge of the Missouri Court of Appeals, were both appointed to their positions by the Governor of Missouri pursuant to the Missouri Non-Partisan Court Plan. After appointment, they were subject to retention elections where voters could vote “yes” or “no” on whether to retain them. Both judges faced mandatory retirement at age 70 under the state constitutional provision. They filed suit against Governor Ashcroft, challenging the provision as violating both the ADEA and the Equal Protection Clause. The Governor argued that judges were excluded from ADEA protection because they were either “elected officials” (due to retention elections) or “appointees on the policymaking level” under the statutory exceptions to the ADEA’s definition of “employee.” The case presented important questions about federalism and the balance between federal anti-discrimination laws and states’ traditional authority to determine qualifications for their officials.
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