Smith: It Wasn't the Court
So, the Supreme Court did not "Remove [the] Hurdle to Suits Alleging Age Bias" (NYT headline) or "ease [the] way for age discrimination suits" (CNN headline). It was, instead, the EEOC, and the Court was constrained to accept the determination.
So we have progress without the Court having to torture statutes and rewrite the Constitution. A novel idea!