No they didn't. Scotts can't pass laws. Scott's has every right to make their own hiring/firing decisions, as long as they're consistent and they don't violate the exising federal/state laws.
I could care less what people do off time.
That's your decision to make as an employer, not as an employee.
It is what they do at work that counts. Maybe you are starting to see the problem!
You're advocating the SCUTUS passing laws restricting my hiring decisions outside of the existing protected classes? That's economic suicide. When the courts start deciding how I make my hiring decisions, whether I like smokers or not, it's going to be the end of capitalism, and America.
Scott is the one giving an employee the opportunity to file suit. Had they not fired him for smoking off duty....there would be no suit.
I don't like government interfering in buisness either, but sometimes we need to be wise enough to prevent it.