Question

A federal statute prohibits discrimination based on age for all persons between the ages of 50 and 70 in matters relating to employment. A state constitutional provision requires that all state judges retire at the age of 65. A judge in the state trial court reached his 65th birthday, and the governor of the state named his replacement. The judge refused to retire and brought suit in federal court to enjoin the governor from replacing him on the bench. Who is likely to prevail in the lawsuit

Answer 1

Answer:

A Federal Statute and a State Constitutional Provision

The judge is likely to prevail in this case.

Explanation:

In any matter where the federal statute prohibiting age discrimination conflicts with a state constitutional provision, the U.S. Constitution or the federal statute will prevail.  This means that based on this conflict, the state constitutional provision will be declared unconstitutional and unenforceable.  The reason is that federal statutes or the U.S. Constitution takes priority over all other laws.  Therefore, the judge will prevail in the lawsuit and prevent the state governor from replacing him.