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Torres v. Texas Department of Public Safety
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-603 | Tex. App. | Mar 29, 2022 | Jun 29, 2022 | 5-4 | Breyer | OT 2021 |
Holding: By ratifying the Constitution, the states agreed their sovereignty would yield to the national power to raise and support the Armed Forces; Congress may exercise this power to authorize private damages suits against non-consenting states, as in the Uniformed Services Employment and Reemployment Rights Act of 1994.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Breyer on June 29, 2022. Justice Kagan filed a concurring opinion. Justice Thomas filed a dissenting opinion, in which Justices Alito, Gorsuch, and Barrett joined.
SCOTUSblog Coverage
- Divided court allows veteran to sue state-agency employer for violating his federal rights (Suzanna Sherry, June 29, 2022)
- Divided court revives military veteran’s employment lawsuit against Texas (Suzanna Sherry, June 29, 2022)
- Announcement of opinions for Wednesday, June 29 (complete) (Angie Gou, June 29, 2022)
- Divergent views on text and history as justices ponder war powers and sovereign immunity (Suzanna Sherry, March 30, 2022)
- The court’s latest dive into state sovereign immunity pits military veterans against state agencies (Suzanna Sherry, March 28, 2022)
- Court sets quiet March argument calendar (Amy Howe, January 28, 2022)
- Justices will take up cases on arbitration, locomotives, and Congress’ war powers (Amy Howe, December 15, 2021)
- Court will review Puerto Rico’s ineligibility for federal benefits program (Amy Howe, March 1, 2021)
- Petitions of the week: Re-opening church doors and opening evidentiary doors (Andrew Hamm, December 11, 2020)
| Date | Proceedings and Orders |
|---|---|
| Nov 02 2020 | Petition for a writ of certiorari filed. (Response due December 7, 2020) |
| Nov 03 2020 | Waiver of right of respondent Texas Department of Public Safety to respond filed. |
| Nov 17 2020 | DISTRIBUTED for Conference of 12/4/2020. |
| Nov 24 2020 | Response Requested. (Due December 28, 2020) |
| Dec 01 2020 | Motion to extend the time to file a response from December 28, 2020 to January 27, 2021, submitted to The Clerk. |
| Dec 02 2020 | Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2021. |
| Dec 23 2020 | Brief amicus curiae of Professor Jeffrey M. Hirsch filed. |
| Dec 23 2020 | Brief amicus curiae of Reserve Organization of America filed. |
| Dec 23 2020 | Brief amici curiae of Philip C. Bobbitt, Michael C. Dorf, and H. Jefferson Powell filed. |
| Jan 27 2021 | Brief of respondent Texas Department of Public Safety in opposition filed. |
| Feb 10 2021 | DISTRIBUTED for Conference of 2/26/2021. |
| Feb 10 2021 | Reply of petitioner Le Roy Torres filed. (Distributed) |
| Mar 01 2021 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Nov 09 2021 | Brief amicus curiae of United States filed. |
| Nov 23 2021 | DISTRIBUTED for Conference of 12/10/2021. |
| Nov 23 2021 | Supplemental brief of petitioner Le Roy Torres filed. (Distributed) |
| Dec 15 2021 | Petition GRANTED. |
| Dec 22 2021 | Blanket Consent filed by Respondent, Texas Department of Public Safety |
| Dec 29 2021 | Blanket Consent filed by Petitioner, Le Roy Torres |
| Dec 30 2021 | Motion to dispense with printing the joint appendix filed by petitioner Le Roy Torres. |
| Jan 18 2022 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Jan 26 2022 | Record requested from the Court of Appeals of Texas 13th District. |
| Jan 28 2022 | ARGUMENT SET FOR Tuesday, March 29, 2022. |
| Jan 31 2022 | The record received from the Court of Appeals of Texas 13th District is electronic and located on the Court of Appeals of Texas web site. Also one envelope containing the Notice of Appeal, Clerk's Record, and Reporter's Record. |
| Jan 31 2022 | Brief of petitioner Le Roy Torres filed. |
| Feb 07 2022 | Brief amicus curiae of United States filed. |
| Feb 07 2022 | Brief amici curiae of Scholars of Constitutional Law and The Law of Federal and State Courts filed. |
| Feb 07 2022 | Brief amicus curiae of Professor Jeffrey M. Hirsch filed. |
| Feb 07 2022 | Brief amici curiae of War Powers Scholars filed. |
| Feb 07 2022 | Brief amicus curiae of Reserve Organization of America filed. |
| Feb 07 2022 | Brief amici curiae of National Veterans Legal Services Program, et al. filed. |
| Feb 07 2022 | Brief amici curiae of Philip C. Bobbitt, Michael C. Dorf, and H. Jefferson Powell filed. |
| Feb 07 2022 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Feb 07 2022 | Brief amici curiae of Former Members of Congress filed. |
| Feb 07 2022 | Brief amicus curiae of Bipartisan Members of Congress filed. (Distributed) |
| Feb 11 2022 | CIRCULATED |
| Mar 02 2022 | Brief of respondent Texas Department of Public Safety filed. (Distributed) |
| Mar 03 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Mar 09 2022 | Brief amici curiae of State of Montana and 14 Other States filed. (Distributed) |
| Mar 09 2022 | Brief amicus curiae of Professor Philip A. Pucillo filed. (Distributed) |
| Mar 09 2022 | Brief amicus curiae of Separation of Powers Clinic at Antonin Scalia Law School filed. (Distributed) |
| Mar 18 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. |
| Mar 18 2022 | Reply of petitioner Le Roy Torres filed. (Distributed) |
| Mar 29 2022 | Argued. For petitioner: Andrew T. Tutt, Washington, D. C.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Judd E. Stone, II, Solicitor General, Austin, Tex. |
| Jun 29 2022 | Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, and Kavanaugh, JJ., joined. Kagan, J., filed a concurring opinion. Thomas, J., filed a dissenting opinion, in which Alito, Gorsuch, and Barrett, JJ., joined. |
| Aug 01 2022 | JUDGMENT ISSUED |
| Aug 01 2022 | MANDATE ISSUED |
| Jun 30 2023 | Record has been returned. |
