Legal Opinion

William M. HATTEN, Plaintiff-Appellant, v. Jack M. RAINS, Secretary of State for the State of Texas, Et Al., Defendants-Appellees

Court of Appeals for the Fifth Circuit

Decided August 25, 1988No. 87-6302PublishedCited by 34 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

I write today, at 82 years of age, with a heavy pen and an even heavier heart. The Honorable Judge William Hatten has served his district ably for over 20 years. His ample competence is stipulated by all parties. Yet today we are compelled by precedent to inform Judge Hatten that he may not be a candidate for reelection, simply because, tomorrow, he will celebrate his seventy-fifth birthday.

Judge Hatten challenges Art. V, § 1-a of the Texas Constitution (“Art. V, § 1-a”), which requires all Texas judges to retire at the age of 75. This appeal raises two issues under…

2Cases cited48 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  3. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  4. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  5. Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976

43 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. David Wilson v. Gerald BirnbergCourt of Appeals for the Fifth Circuit · 2012
  2. Edwards v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
  3. Shirley Pittman, Individually and as Class Representatives v. Chicago Board of EducationCourt of Appeals for the Seventh Circuit · 1995
  4. United States v. Jesse James GallowayCourt of Appeals for the Fifth Circuit · 1992
  5. John Stiles v. Roy D. Blunt, William L. WebsterCourt of Appeals for the Eighth Circuit · 1990

29 more not listed; retrieve them via the Exa API.

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