@TheDuckSlayer, let's try this again... Explain to me how an age discrimination case can even come up in a state that does not prohibit youthful age discrimination? If there is no law, that law (that doesn't exist) can't be broken and there is no case. I'm curious how SCOTUS would be able to rule on the constitutionality of a state law that doesn't exist or how existing federal law would apply to such a non-existent law? Now if a state that currently does not prohibit youthful age discrimination adopts a law that prohibits such, there could be a case like the one in Oregon (although at that point it is no longer a state that does not prohibit youthful discrimination). The only problem is that unless an argument can be made that the state law is somehow violating federal law or the constitution, the case will never see the inside of a federal courtroom, let alone the Supreme Court. There is no federal law or Constitutional Amendment/Article/Clause/etc. that prohibits a state from adopting such a law, so there is no way that the scenario which you outlined above could every happen given our current federal laws and constitution.