891 F.3d 240
6th Cir.2018Background
- Plaintiff Michael J. Theile, a Michigan state-court judge, will be 71 at the November 3, 2020 election and thus ineligible to be elected or appointed to judicial office under Mich. Const. art. VI, § 19(3) and Mich. Comp. Laws § 168.411(1).
- Theile sued in federal court alleging the Michigan age-70 judicial eligibility limit violates the Equal Protection Clause, asking this Court to apply heightened (intermediate) scrutiny to age classifications or, alternatively, to find the law fails rational-basis review.
- Defendants moved to dismiss under Fed. R. Civ. P. 12(b)(6), relying on Supreme Court and Sixth Circuit precedent that age is not a suspect classification and that similar judicial age limits are constitutional.
- The district court dismissed, holding controlling precedent (including Gregory v. Ashcroft and Sixth Circuit precedent Breck) foreclosed Theile’s claim; Theile appealed.
- The Sixth Circuit panel reviewed de novo, considered Theile’s arguments to overturn governing precedent, and addressed whether Michigan’s rule survives rational-basis review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate standard of review for age classifications | Age is an immutable trait warranting heightened scrutiny (analogous to sex) | Age is not a suspect or quasi-suspect class; rational-basis review applies under Supreme Court precedent | Rational-basis review applies; court declined to depart from precedent |
| Whether Michigan’s age-70 judicial eligibility rule survives review | The rule is irrational and outdated; many judges serve effectively past 70 and other offices lack age limits | The rule is rationally related to legitimate state interests (judicial competency, orderly attrition, administrative concerns) | The rule survives rational-basis review; prior decisions uphold similar limits |
| Whether precedent should be overruled (stare decisis) | Societal changes and parallels to other protected classes justify abandoning precedent | Controlling Supreme Court and Sixth Circuit decisions remain sound; no extraordinary justification to overturn | Court refused to disturb precedent (Gregory, Breck); no special justification shown |
Key Cases Cited
- Murgia v. Massachusetts, 427 U.S. 307 (1976) (age is not a suspect classification; rational-basis review applies)
- Gregory v. Ashcroft, 501 U.S. 452 (1991) (upholding a state judicial age limit as rationally related to legitimate state interests)
- Breck v. Michigan, 203 F.3d 392 (6th Cir. 2000) (Sixth Circuit upheld Michigan's judicial age limitation)
- Kimel v. Florida Board of Regents, 528 U.S. 62 (2000) (reaffirming rational-basis review for age classifications)