Mass. Board of Retirement v. Murgia

Media Items
Oral Argument
Get Adobe Flash Player
Opinion Announcement
Get Adobe Flash Player
Advocates
Robert D. City (Argued the cause for the appellee)
Terence P. O'Malley (Argued the cause for the appellants)
Case Basics
Docket No.: 
74-1044
Appellee: 
Murgia
Appellant: 
Mass. Board of Retirement
Heard By: 
Burger Court (1975)
Decided By: 
Burger Court (1975-1981)
Opinion: 
427 U.S. 307 (1976)

Cite this page
The Oyez Project, Mass. Board of Retirement v. Murgia , 427 U.S. 307 (1976)
available at: (http://oyez.org/cases/1970-1979/1975/1975_74_1044)
Facts of the Case: 

Robert Murgia, although he was in excellent physical and mental health, was forced to retire at age fifty according to state law. Murgia had been a uniformed officer in the state police force. Murgia successfully challenged the mandatory retirement law in district court.

Question: 

Did the Massachusetts law violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion: 

In a per curiam opinion, the Court held that the law did not violate the Equal Protection Clause. The Court found that the right of governmental employment was not per se fundamental, and that uniformed state police officers over 50 did not constitute a suspect class under the Clause. Applying a rational relationship test, the Court reasoned that the statute was sufficiently justified as a means of protecting the public "by assuring physical preparedness of [the] uniformed police." The Court noted that while the law may not have been the best means to accomplish this purpose, it did not violate the Fourteenth Amendment merely because of its imperfections.

Decisions

Decision: 7 votes for Mass. Board of Retirement, 1 vote(s) against
Legal provision: Equal Protection

Sort by Seniority

Voted with the majority
Brennan
Wrote a dissent
Marshall
Did not participate
Stevens
Voted with the majority
White
Voted with the majority
Stewart
Voted with the majority
Blackmun
Voted with the majority
Powell
Voted with the majority
Burger
Voted with the majority
Rehnquist

Per Curiam with Argument