Editor’s note: The author represents several judges in the lawsuit challenging Pennsylvania’s mandatory judicial retirement age.
In a recent column, "A Look at the Lawsuit Challenging Pa.’s Judicial Retirement Age," published January 15 in The Legal, Howard Bashman opined about two cases challenging the constitutionality of the Pennsylvania constitutional provision requiring that all commonwealth judges retire at the age of 70. The column highlighted Bashman’s view that "it does not appear particularly likely that the lawsuits to invalidate that mandatory retirement age will ultimately prove successful." He is, of course, entitled to his opinion, but his column overlooks some important facts and arguments that militate to the contrary.
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