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Legislation and Regulation Keyed to Eskridge, 1st Ed.
Gregory v. Ashcroft
Citation:
501 U.S. 452 (1991)Facts
The petitioners, Ellis Gregory, Jr. and Anthony P. Nugent, Jr., were Missouri state judges who had been appointed to office by the Governor pursuant to the Missouri Non-Partisan Court Plan. After appointment, they were subject to retention elections in which they ran unopposed with voters deciding “yes or no” on their continuation in office. Both judges were subject to Missouri’s constitutional provision requiring that all judges other than municipal judges retire at age 70. They filed suit against Governor John Ashcroft, challenging the mandatory retirement provision as violating both the ADEA and the Equal Protection Clause. The ADEA prohibits age discrimination in employment but excludes from its protection “any person elected to public office” or “an appointee on the policymaking level.” The Governor argued that the judges fell within these exceptions and were therefore not protected by the ADEA. The case raised fundamental questions about federalism and the authority of states to determine the qualifications of their most important government officials.
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