Gregory v. Ashcroft

I agree with the majority that neither the Age Discrimination in Employment Act of 1967 (ADEA) nor the Equal Protection Clause prohibits Missouri’s mandatory retirement provision as applied to petitioners, and I therefore concur in the judgment and in Parts I and III of the majority’s opinion. I cannot agree, however, with the majority’s reasoning in Part II of its opinion, which ignores several areas of well-established precedent and announces a rule that is likely to prove both unwise and infeasible. That the majority’s analysis in Part II is completely unnecessary to the proper resolution…