Summary

Portrait of Harry Blackmun 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.
Source: Wikisource

Portrait of Harry Blackmun Harry Blackmun Gregory v. Ashcroft — Dissenting Opinion

It is obvious that judges are neither staff nor immediate advisers of any elected official. The only indication as to whom Congress understood to be "appointee [s] on the policymaking level" is Senator Javits' reference to members of the Governor's cabinet, echoed in the Conference Committee's use of "cabinet officers" as an example of the type of appointee at the policymaking level excluded from Title VII's definition of "employee."
Source: Wikisource

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