Capitol Confidential with Dan Clark

Capitol Confidential with Dan Clark

New York's 'Equal Rights Amendment' faces a big test from three judges

And packaging bill supporters were outnumbered 4-to-1 before it was defeated this year, a new report shows.

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Dan Clark
Oct 07, 2025
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Good afternoon — It’s Tuesday and World Cotton Day.

In today’s CapCon:

  • Supporters of the packaging reduction bill that failed on the last day of session were outnumbered 4-to-1, a new report shows

  • Three judges are suing New York to prevent their retirements using the recently passed antidiscrimination ballot measure.

  • The Assembly Ethics Committee is scheduled to meet in Albany Wednesday.

  • Lawmakers are holding two hearings this week, one in Albany and one in New York City.

  • A new bill would require more input from local residents when energy projects are proposed in their communities.

Names in today’s CapCon: Robert J. Miller, Richard J. Montelione, Orlando Marrazzo, Jr., Jonathan Lippman, Judith Enck, Blair Horner, Rachel May

Former Chief Judge Jonathan Lippman, who wanted to raise the age cap, was forced to retire in 2015 (Paul Buckowski/Times Union)

⚖️ New lawsuit challenges New York’s age cap for judges using the ERA

It’s been almost a year since voters approved an amendment to the state constitution that expanded its protections against discrimination.

The amendment — commonly called the Equal Rights Amendment or Prop 1 — extended those protections for several new categories. One of them was discrimination based on age.

Three judges are now using that to challenge another part of the state constitution.

They’re suing the state and the state Office of Court Administration to invalidate a provision of the state constitution that caps the age judges in New York can serve at 70 and cuts off any approved extensions at age 76.

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