This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
The dispute centers on the interpretation of Section 633a, which requires federal personnel actions to be "free from any discrimination based on age."
According to Roman Martinez, both parties agree that the language mirrors Title VII’s anti‑discrimination provision for race, sex, and religion.
Background and question before the Court
Justice Kavanaugh asked whether but‑for causation is required for reinstatement or back pay.
What each side argues
Petitioner (Noris Babb)
According to Roman Martinez, the Solicitor General misquoted the statute as covering “personnel actions based on age,” whereas the correct text says “shall be made free from any discrimination based on age.”
According to Roman Martinez, congress deliberately chose the “free from any discrimination” language after rejecting an earlier draft of the statute.
According to Roman Martinez, the injury at stake is a process‑based equal‑protection claim, similar to cases from Bakke through Parents Involved.
Respondent (Robert Wilkie, Secretary of Veterans Affairs)
According to General Francisco, the respondent emphasizes the statutory phrase “Free from any.”
What happened at oral argument
The oral argument began at 10:04 a.m. before the Supreme Court.
Justice Kavanaugh asked whether but‑for causation is required for reinstatement or back pay despite the parties’ briefs.
According to Justice Breyer, justice Breyer followed up with a question about the parties’ earlier answer.
Justice Ginsburg asked for clarification of the statutory wording.
Justice Kavanaugh also asked “Why—” indicating further inquiry.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- bf13d4402792664c7024-r1-88b8970ca43c81ac.pdforal argument transcript
Guide generated September 27, 2026. Automated validation accepted this version.