Thursday, January 29, 2015

Will SCOTUS Take Another Crack at ADEA Preclusion of s1983 Claim?

The SCOTUSblog Petition of the Day is Hildebrand v. Allegheny County out of my beloved home circuit (aka the 3d Cir.). The issue presented is:
Does the Age Discrimination in Employment Act, which forbids age-based discrimination against state and local government employees, preclude those employees from bringing a section 1983 action to redress age discrimination that violates the Equal Protection Clause?
If that sounds familiar, it's because that is essentially the same issue presented in Madigan v. Levin. The Supreme Court granted certiorari in that case, the parties briefed it, and the Court even heard oral arguments . . . but, wah wah . . . the Court dismissed Madigan v. Levin as improvidently granted.

The Court obviously has an interest in this issue, so the prospects for a cert grant in Hildebrand seem pretty strong. The Court will consider the case at its February 20, 2015 conference.