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Torres v. Texas Department of Public Safety, 597 U.S. 580 (2022), was a United States Supreme Court case dealing with the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA) and state sovereign immunity. In a 5–4 decision issued in June 2022, the Court ruled that state sovereign immunity does not prevent states from ...
Enacted pursuant to Article I of the Constitution, the Uniformed Services Employment and Reemployment Rights Act (USERRA), gives returning service members the right to reclaim their prior jobs with state employers and authorizes suit if those employers refuse to accommodate veterans’ service-related disabilities, 38 U.S.C. 4301.
The department refused, and Torres filed a state-court lawsuit arguing that the refusal to accommodate his disability violated USERRA. The department moved to dismiss, asserting sovereign immunity. The trial court denied the motion, the state appellate court reversed, and the Texas Supreme Court denied review.
No. The clause is a command to the legislature, executive, and courts to enforce it within their spheres of competence. The courts can use preexisting causes of action and their limited equitable powers to enforce it.
Case Summaries. Below are summaries of cases set for oral argument during the Supreme Court of Texas' 2024-2025 court term. The summaries are created by the Court's staff attorneys and law clerks and do not constitute the Court’s official descriptions or statements. Links to the full case documents are included within each summary.
21 gru 2021 · Torres v. Texas Dep’t of Public Safety, 20-603. The question presented is “whether Congress has the power to authorize suits against nonconsenting states pursuant to its War Powers.”
22 lut 1995 · Supreme Court of the United States. United States v. National Treasury Employees Union. Decided February 22, 1995. Justice O’Connor, Partial concurrence, partial dissent. CASE DETAILS. Topic: First Amendment. Court vote: 6-3. Note: No other Justices joined this opinion. Citation: 513 U.S. 454. Docket: 93-1170.
