New York Court of Appeals

Matter of Miller v. State of New York

June 18, 20262026 NY Slip Op 03907

Summary

The Court of Appeals affirmed dismissal of a challenge asserting that New York's 2024 Equal Rights Amendment implicitly repealed the constitutional mandatory retirement and certification provisions for certain judges. The Court held that the provisions address different subjects, can be harmonized, and that the ERA did not clearly demonstrate an intent to displace the specific judicial-retirement provision. The Court therefore did not reach whether the ERA is self-executing or whether age classifications receive strict scrutiny.