Breaking News
Enter your email address to subscribe to updates to this case (by doing so, you are accepting the terms in our privacy policy):

Torres v. Texas Department of Public Safety

Share
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

DateProceedings and Orders (key to color coding)
Nov 02 2020Petition for a writ of certiorari filed. (Response due December 7, 2020)
Nov 03 2020Waiver of right of respondent Texas Department of Public Safety to respond filed.
Nov 17 2020DISTRIBUTED for Conference of 12/4/2020.
Nov 24 2020Response Requested. (Due December 28, 2020)
Dec 01 2020Motion to extend the time to file a response from December 28, 2020 to January 27, 2021, submitted to The Clerk.
Dec 02 2020Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2021.
Dec 23 2020Brief amicus curiae of Professor Jeffrey M. Hirsch filed.
Dec 23 2020Brief amicus curiae of Reserve Organization of America filed.
Dec 23 2020Brief amici curiae of Philip C. Bobbitt, Michael C. Dorf, and H. Jefferson Powell filed.
Jan 27 2021Brief of respondent Texas Department of Public Safety in opposition filed.
Feb 10 2021DISTRIBUTED for Conference of 2/26/2021.
Feb 10 2021Reply of petitioner Le Roy Torres filed. (Distributed)
Mar 01 2021The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Nov 09 2021Brief amicus curiae of United States filed.
Nov 23 2021DISTRIBUTED for Conference of 12/10/2021.
Nov 23 2021Supplemental brief of petitioner Le Roy Torres filed. (Distributed)
Dec 15 2021Petition GRANTED.
Dec 22 2021Blanket Consent filed by Respondent, Texas Department of Public Safety
Dec 29 2021Blanket Consent filed by Petitioner, Le Roy Torres
Dec 30 2021Motion to dispense with printing the joint appendix filed by petitioner Le Roy Torres.
Jan 18 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jan 26 2022Record requested from the Court of Appeals of Texas 13th District.
Jan 28 2022ARGUMENT SET FOR Tuesday, March 29, 2022.
Jan 31 2022The 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 2022Brief of petitioner Le Roy Torres filed.
Feb 07 2022Brief amicus curiae of United States filed.
Feb 07 2022Brief amici curiae of Scholars of Constitutional Law and The Law of Federal and State Courts filed.
Feb 07 2022Brief amicus curiae of Professor Jeffrey M. Hirsch filed.
Feb 07 2022Brief amici curiae of War Powers Scholars filed.
Feb 07 2022Brief amicus curiae of Reserve Organization of America filed.
Feb 07 2022Brief amici curiae of National Veterans Legal Services Program, et al. filed.
Feb 07 2022Brief amici curiae of Philip C. Bobbitt, Michael C. Dorf, and H. Jefferson Powell filed.
Feb 07 2022Brief amicus curiae of Constitutional Accountability Center filed.
Feb 07 2022Brief amici curiae of Former Members of Congress filed.
Feb 07 2022Brief amicus curiae of Bipartisan Members of Congress filed. (Distributed)
Feb 11 2022CIRCULATED
Mar 02 2022Brief of respondent Texas Department of Public Safety filed. (Distributed)
Mar 03 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 09 2022Brief amici curiae of State of Montana and 14 Other States filed. (Distributed)
Mar 09 2022Brief amicus curiae of Professor Philip A. Pucillo filed. (Distributed)
Mar 09 2022Brief amicus curiae of Separation of Powers Clinic at Antonin Scalia Law School filed. (Distributed)
Mar 18 2022Motion 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 2022Reply of petitioner Le Roy Torres filed. (Distributed)
Mar 29 2022Argued. 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 2022Judgment 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 2022JUDGMENT ISSUED
Aug 01 2022MANDATE ISSUED