In
Madigan v. Levin, the Supreme Court granted cert to decide this significant question (stated from the petitioner's perspective):
Whether the Seventh Circuit erred in holding, in an acknowledged departure
from the rule in at least four other circuits, that state and local government
employees may avoid the federal Age Discrimination in Employment Act’s
comprehensive remedial regime by bringing age discrimination claims directly
under the Equal Protection Clause and 42 U.S.C. § 1983.
After an oral argument on the opening day of the Court’s new term, which highlighted that the issue that prompted cert might not be presented by the case and that the issue might not be ripe for review,
the Court today dismissed the writ of certiorari as improvidently granted.
