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A federal statute prohibits discrimination based on age for all persons between the ages of 50 and 70 in matters relating to employment. A state constitutional provision requires that all state judges retire at the age of 65. A judge in the state trial court reached his 65th birthday, and the governor of the state named his replacement. The judge refused to retire and brought suit in federal court to enjoin the governor from replacing him on the bench. Who is likely to prevail in the lawsuit
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