Pennsylvania judges lose appeal over mandatory retirement age

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Four Pennsylvania judges who challenged the state’s mandatory retirement age lost an appeal Tuesday.

The 3rd U.S. Circuit Court of Appeals filed a four-page opinion finding that there is no precedent to overturn the lower district court’s decision.

Judges John W. Herron and Benjamin Lerner of Philadelphia, Leonard N. Zito, of Northampton and Gerald Solomon, of Fayette, filed the complaint in 2012 arguing that the mandatory retirement at age 70 violates the right to equal protection under the U.S. Constitution.

The complaint was initially dismissed by the district court holding that the claims were foreclosed by controlling precedent and failure to state a claim.

The judges argued in their appeal that a 2013 U.S. Supreme Court case requires reconsideration of the case. But the Third Circuit Court wrote that until the Supreme Court explicitly overrules previous precedent, they are bound by the previous case.


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