New, I think the age limit will be eliminated all together. If the plaintiff's argument prevails that there is no scientific reason for mandatory retirement at 60 or 65 then the 14th Amendment argument would prevail that it would be unlawful to deny someone Life, Liberty, or Property without due process based solely on age. The FAA and the Air Lines have established criteria for employment as an Air Transport Pilot. If a 65 or 67 or 72 year old can maintain those qualifications the equal protection clause of the 14th Amendment would, seems to me the layman, prevent his mandatory retirement absent some hard medical/scientific reason.
As a previous poster said, the 9th Circus is the place to go to invent new rights and laws. However, if there are not published data supporting mandatory retirement, even the 2nd Circuit might find in favor of scrapping the age limit.
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Sailing, I'm not faulting ALPA for either this nor the original age 65 change. That train was not stopping and I doubt ALPA wanted to lay down on the tracks. Whether there were other motivations involved, I can't say. I'm just sayin' that ALPA couldn't have stopped it if they wanted to and they won't be able to stop this if the court rules as such. After all the Constitution is much greater than ALPA.
To tell you the truth, even though it directly harms me, I kinda agree with the plaintiffs and the scrapping of the age limit. Either we take our Constitution seriously or we don't. Look at the current government and their actions to see where selective interpretation leads us. If the age limit is arbitrary and not backed up by scientific evidence then it is wrong. After a certain age, elderly drivers must take a driving test and and eye test in order to renew their licenses. We don't take their driving privileges away based solely on their age.
I can see no age limit but increased scrutiny as one gets older. More often and more intrusive medical exams as well as more frequent checkrides may be in the future for "more senior pilots". Also don't forget the law of unintended consequences". The senior generation may win the right to work well past 60 but the increased medical scrutiny may eliminate more than they planned.