Equal Employment Opportunity Commission v. State of Vermont, State Office of the Court Administrator, and State Department of Finance and Management

KEARSE, Circuit Judge:

Defendants State of Vermont, State Office of the Court Administrator, and State Department of Finance and Management (collectively the “State”) appeal from so much of a final judgment of the United States District Court for the District of Vermont, Lee P. Gagliardi, Judge, as permanently enjoined the State from retiring Vermont Supreme Court Justice Louis P. Peck or any other appointed Vermont judge on the basis of age. The district court ruled that the State’s enforcement of a Vermont constitutional provision requiring that judges retire at age 70 would, to the extent…