Legal questions are rarely truly settled. You might think a clause is unenforceable based on some lower court rulings in your state, but a different lower court

Legal questions are rarely truly settled. You might think a clause is unenforceable based on some lower court rulings in your state, but a different lower court could is still free to rule the other way, an appeals court could still overturn, a federal court could overrule the state courts on a Contract Clause theory, etc. And even in the rare case where there is an on-point US Supreme Court ruling, the Supreme Court is free to reverse itself tomorrow. Also, consider that you and I are free to agree to anything we want, enforceable or not. All that enforceability tells you is whether a court will be willing to intervene. For example, we can agree that you will donate a million dollars to my foundation, but a court will likely not enforce that because I didn't give you anything in exchange (the doctrine of consideration).