What’s at Stake in Espinoza v. Montana Department of Revenue? What the Equal Protection Clause Means in the Context of Classifications Based on Religiosity

VIKRAM DAVID AMAR, ALAN E. BROWNSTEIN

Illinois Law dean Vikram David Amar and UC Davis emeritus professor Alan E. Brownstein comment on a case before the U.S. Supreme Court that raises the question whether a religiously neutral student-aid program in Montana that affords students the choice of attending religious schools violates the religion clauses or the Equal Protection Clause of the U.S. Constitution. Amar and Brownstein express no opinion as to whether the courts’ often-expressed concerns about striking down invidiously motivated laws can be effectively overcome, but they contend that jurists who reject invalidating invidiously motivated laws must explain why reasons sufficient in other contexts are not persuasive in this case.

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Lagerman v. Arizona State Retirement System

Docket: CV-19-0101-PR

Opinion Date: May 14, 2020

Judge: Montgomery

Areas of Law: Government & Administrative Law, Labor & Employment Law

In this case concerning the administration of the Arizona State Retirement System (ASRS) the Supreme Court held that the requirement to submit a retirement application for receipt of retirement benefits pursuant to Ariz. Rev. Stat. 38-757(A) does not violate Ariz. Const. art. XXIX, 1(D) and that all conditions listed in Ariz. Rev. Stat. 38-764(A) must be satisfied in order to elect a retirement date under the ASRS Plan. Plaintiff began her Plan-qualified employment in 1978 and became eligible for a normal retirement in 2005. In 2016, Plaintiff submitted an application for retirement, listing 2005 as her date for commencing retirement. The ASRS Agency rejected that date and instead used the 2016 date as Plaintiff's retirement date. After unsuccessfully pursuing administrative remedies, Plaintiff sought judicial review in superior court. The court affirmed the Agency's decision. The Supreme Court affirmed, holding (1) the Plan processed Plaintiff's retirement date as provided for in statute and calculated her chosen monthly life annuity benefit as required; and (2) therefore, the Plan complied with section 38-757(A), and no forfeiture, impairment, or diminishment of Plaintiff's normal retirement benefits occurred in violation of article 29, section 1(D) of the Arizona Constitution.