Reading Room Document

Legality of Excluding Candidates Over Age 60 From Consideration for Judicial Appointment

This document discusses the legality of considering the age of candidates for judicial appointment and excluding those over the age of 60. It concludes that the practice is lawful, as the President has the constitutional power to appoint federal judges and exercise discretion in making these appointments. The document also raises questions about whether the practice violates the Age Discrimination in Employment Act of 1967, and whether Congress could deny the President the power to consider age in the selection of judicial appointees. It emphasizes the constitutional significance of the President's power to exert influence over the development and administration of law in the courts through judicial appointments.

October 3, 1979