Clark v. Virginia Department of State Police

Petition for certiorari denied on December 4, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-1043 Va. N/A N/A N/A N/A OT 2017

Issues: (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. CVSG: 10/12/2017.

DateProceedings and Orders (key to color coding)
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 06 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.
Oct 12 2017Brief amicus curiae of United States filed.
Oct 26 2017Supplemental brief of petitioner Jonathan R.Clark filed.
Nov 01 2017DISTRIBUTED for Conference of 11/21/2017.
Nov 20 2017Rescheduled.
Nov 27 2017DISTRIBUTED for Conference of 12/1/2017.
Dec 04 2017Petition DENIED.
 
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