Klako, while I agree that the Constitutional arguments against an arbitrary age limit for Part 121 are strong and should sway the court, the specific remedy you seek is more problematic. The Constitutional provision against Ex Post Facto laws may apply. The plaintifs in your case were retired under the law in effect at the time. The law was subsequently changed specifically excluding grandfathered in persons. The court may rule that if they grant relief to your group then every pilot retired under the old provision would be able to seek relief for the 5 years of lost wages. That would be the end of every legacy carrier.

I see an end to a mandatory age limit as it can't be justified. The legitimate state interest in passenger safety can be served in other ways besides and mandatory retirement that is not based on science. However, I don't see a victory for previously retired pilots seeking reinstatement. The Constitutional issues are not as clear and granting relief would cause an undue burden on the employers. The wild card is the 9th Circuit. They have a reputation for ignoring precedent, the law, and the Constitution when they FEEL someone has been wronged. There is no way to predict how they will rule.