Clark v. Virginia Department of State Police

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
16-1043 Va. TBD TBD TBD TBD TBD

Issue: (1) Whether, by enacting 38 U.S.C. § 4323(b)(2) in 1998, Congress lawfully subjected state employees to suit in state court under the Uniformed Services Employment and Reemployment Rights Act of 1994 pursuant to a valid exercise of Congress’s war powers that was consistent with the framework and design of the Constitution; (2) whether Congress lawfully abrogated any sovereign immunity the Virginia Department of State Police purportedly retained with respect to USERRA actions in state court when Congress enacted 38 U.S.C. § 4323(b)(2); and (3) whether the Supreme Court of Virginia erroneously affirmed the Circuit Court of Chesterfield County's decision to sustain the Virginia Department of State Police's amended special plea of sovereign immunity and dismiss petitioner's complaint.

DateProceedings and Orders
Feb 28 2017Petition for a writ of certiorari filed. (Response due March 31, 2017)
Mar 23 2017Order extending time to file response to petition to and including April 7, 2017.
Apr 6 2017Brief of respondent Virginia Department of State Police in opposition filed.
Apr 25 2017DISTRIBUTED for Conference of May 11, 2017.
May 15 2017The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
 
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