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Statutes and the Creation of Public Policy Keyed to Eskridge, 7th Ed.
Gregory v. Ashcroft
Citation:
501 U.S. 452 (1991)Facts
Petitioners Ellis Gregory, Jr., and Anthony P. Nugent, Jr., are Missouri state judges appointed by the Governor pursuant to the Missouri Non-Partisan Court Plan and retained through retention elections where they ran unopposed subject only to yes-or-no votes. Both judges are subject to Missouri Constitution Article V, Section 26, which mandates retirement at age 70. They filed suit against Governor Ashcroft challenging this provision as violating both the federal ADEA and the Equal Protection Clause. The ADEA prohibits age discrimination by employers including states but excludes from its definition of “employee” persons elected to public office and appointees on the policymaking level. The District Court and Eighth Circuit both ruled against the judges on statutory construction and constitutional grounds.
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