Top Trends in Public Pension Litigation

Abstract

Shrinking state and local government budgets cast public pension reform into bold relief and garner a significant amount of commentary from social scientists on policy grounds. While this discussion is important, what has been missing is an account grounded in legal theory and doctrine. Contract Clause constraints—to date the central barrier to reform—represent a domain ripe for intellectual development. By focusing primarily on the concept of contract, this Article offers a lens from which to view these landmark decisions. The suggested framework for understanding emerging constitutional contract doctrine should assist judges in recognizing legal blind spots and charting the best path forward. Insight into the changing legal landscape should also inform the wider debate about government pensions and retirement security.

Keywords: Public Pensions, Government Pensions, Public Pension Reform, Constitutional Law, Contract Clause, Government Contract Law, Employment Law, Retirement Security, Public Sector Employee Pensions, Defined Benefit Plans, Statutory Interpretation, Legislation, State and Local Government Law, Courts, Juris

JEL Classification: G01, G18, K12, K41