Harry Blackmun,
Gregory v. Ashcroft — Dissenting Opinion
“ Second, whether or not a plausible argument may be made for judges' being policymakers, I would defer to the EEOC's reasonable construction of the ADEA as covering appointed state judges.Although it may be possible to define an appointed judge as a "policymaker" with only a dictionary as a guide, [1] we have an obligation to construe the exclusion of an "appointee on the policymaking level" with a sensitivity to the context in which Congress placed it. ”
