Driscoll v. Corbett
Pennsylvania Supreme Court
69 A.3d 197 (2013)
In 1968, Pennsylvania voters adopted changes to Article V of the Pennsylvania Constitution following a limited constitutional convention. Among the changes, Section 16(b) was adopted and provided that state justices, judges, and justices of the peace were subject to a mandatory retirement at age 70. In 1989, the mandatory-retirement provision in Section 16(b) was upheld after a challenge by several state judges to its constitutionality under the state and federal constitution. Driscoll and other state judges (the judges) (plaintiffs) subsequently initiated new legal action alleging Section 16(b) violated their rights to equal protection and due process under the Pennsylvania Constitution.
Rule of Law
Holding and Reasoning (Saylor, J.)
Concurrence (Eakin, J.)
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