Officer Mandatory Retirement Provision | Necessity Doctrine | Inherent Rights Theory | Equal Protection & Substantive Due Process | Rational Basis Review
Driscoll v. Corbett, PICS Case No. 13-1350 (Pa. June 17, 2013) Saylor, J.; Eakin, J., concurring (32 pages).
The article V, section 16(b) judicial officer mandatory retirement provision in the Pennsylvania constitution satisfied deferential, rational basis review under both equal protection and due process; petitioners' complaints did not state a claim on which relief could be granted, nor could any factual record be developed that would provide a basis for the remedy requested. Remanded to the Commonwealth Court for dismissal with prejudice and entry of judgment in favor of the commonwealth.
