Torres v. Texas Department of Public Safety

Background

Le Roy Torres is a veteran who served in the Army Reserves and deployed to Iraq. While deployed he was exposed to toxic burn pits and returned with constrictive bronchitis that made it impossible to work as a state trooper. He asked his former employer, the Texas Department of Public Safety, to reemploy him in a different, accommodated role. Texas refused, and Torres sued in state court under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The State defended on sovereign immunity grounds. Lower courts split, and after this Court’s PennEast decision the Supreme Court agreed to review the immunity question.

Reasoning

The Court framed the question simply: may a State use sovereign immunity to block a private USERRA damages suit? The majority held that by joining the Constitution the States accepted that their sovereignty would yield to national power to raise and support Armies and to provide and maintain a Navy. Relying on the Constitution’s text, history, and prior rulings like PennEast and Katz, the Court found that Congress may authorize private damages suits against nonconsenting States under those war powers. The Court ruled that USERRA’s text permits such suits and reversed the Texas court’s dismissal, allowing Torres’ claim to proceed.

Real world impact

After this ruling, veterans can bring damages suits under USERRA against state employers without being blocked by state sovereign immunity. State agencies will face more employment litigation over service-related disabilities and reemployment. The decision resolves only the immunity question; the underlying merits of Torres’ claim remain for the state courts to decide.

Dissents or concurrances

Justice Kagan concurred. Justice Thomas, joined by three colleagues, dissented, arguing Alden precludes private damages suits against nonconsenting States in state courts.