General Dynamics Land Systems, Inc. v. Cline — Thomas, J., Dissenting

Summary

Justice Thomas, dissenting, concludes the ADEA’s plain text allows suit by relatively younger workers for discrimination in favor of older workers. He argues the Court ignores textual meaning and creates a new “social history” interpretive tool inconsistent with precedent. Justice Scalia, dissenting, would defer to the EEOC’s reasonable interpretation that the ADEA prohibits discrimination based on age regardless of relative age.