Three state judges are suing to overturn New York’s mandatory judicial retirement age, using the state’s new Equal Rights Amendment as their legal weapon, according to Times Union.
Judges must retire the year they turn 70 — or 76 with limited extensions — but the lawsuit argues that rule now violates constitutional protections against age discrimination. The challenge pits the 1869 age cap against the 2024 amendment, which bans discrimination based on age.
Lawyers say longer lifespans and double standards — lawmakers can serve well into their 80s — make the rule outdated. If the lawsuit fails, a constitutional amendment would be the only path forward.
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