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Le Roy Torres v. Texas Department of Public Safety
Paid petition · Court of Appeals of Texas, Thirteenth District, No. 13-17-00659-CV · judgment November 20, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), Congress gave the over 19 million military servicemembers—including over 800,000 who work for state and local government employers—a cause of action to remedy adverse employment actions taken because of their military service. It enacted USERRA pursuant to its constitutional War Powers, U.S. Const. art. I, § 8, cls. 11-16, recognizing that unremedied employment discrimination by state employers based on military service could interfere with the nation’s “ability to provide for a strong national defense.” H.R. Rep. No. 105-448, at 5 (1998). USERRA’s cause of action against state employers may be pursued only in state courts. In a sharply divided decision that conflicts with the Constitution’s text, structure, and history, the court below, a Texas intermediate appellate court with jurisdiction over more than 2 million Texas citizens, held that USERRA’s cause of action is unconstitutional because Congress lacks the power to authorize lawsuits against nonconsenting states pursuant to its War Powers. The question presented is whether Congress has the power to authorize suits against nonconsenting states pursuant to its War Powers.
Counsel of record
For petitioner
Andrew Timothy Tutt
Arnold & Porter Kaye Scholer
For respondent
Judd Edward Stone II
Texas Attorney General's Office
Case
Conference history
Distributed for 3 conferences
Amicus briefs
4 cert-stage · 13 merits
(10 supporting pet./neither, 3 respondent)
Argument & decision
Argued March 29, 2022 — Andrew T. Tutt · Judd E. Stone. Audio and transcript
Decided June 29, 2022. Opinion by Breyer.
Proceedings
- Jun 30 2023Record has been returned.
- Aug 01 2022JUDGMENT ISSUED
- Aug 01 2022MANDATE ISSUED
- 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.
- 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.
- 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 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 03 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Mar 02 2022Brief of respondent Texas Department of Public Safety filed. (Distributed)
- Feb 11 2022CIRCULATED
- 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)
- 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.
- Jan 28 2022ARGUMENT SET FOR Tuesday, March 29, 2022.
- Jan 26 2022Record requested from the Court of Appeals of Texas 13th District.
- Jan 18 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Dec 30 2021Motion to dispense with printing the joint appendix filed by petitioner Le Roy Torres.
- Dec 29 2021Blanket Consent filed by Petitioner, Le Roy Torres
- Dec 22 2021Blanket Consent filed by Respondent, Texas Department of Public Safety
- Dec 15 2021Petition GRANTED.
- Nov 23 2021DISTRIBUTED for Conference of 12/10/2021.
- Nov 23 2021Supplemental brief of petitioner Le Roy Torres filed. (Distributed)
- Nov 09 2021Brief amicus curiae of United States filed.
- Mar 01 2021The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Feb 10 2021DISTRIBUTED for Conference of 2/26/2021.
- Feb 10 2021Reply of petitioner Le Roy Torres filed. (Distributed)
- Jan 27 2021Brief of respondent Texas Department of Public Safety in opposition filed.
- 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.
- 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 01 2020Motion to extend the time to file a response from December 28, 2020 to January 27, 2021, submitted to The Clerk.
- Nov 24 2020Response Requested. (Due December 28, 2020)
- Nov 17 2020DISTRIBUTED for Conference of 12/4/2020.
- Nov 03 2020Waiver of right of respondent Texas Department of Public Safety to respond filed.
- Nov 02 2020Petition for a writ of certiorari filed. (Response due December 7, 2020)