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

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Divided court allows veteran to sue state-agency employer for violating his federal rights (Suzanna Sherry, June 29, 2022)
Divergent views on text and history as justices ponder war powers and sovereign immunity (Suzanna Sherry, March 30, 2022)
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Petitions of the week: Re-opening church doors and opening evidentiary doors (Andrew Hamm, December 11, 2020)

Date	Proceedings and Orders (key to color coding)
11/02/2020	Petition for a writ of certiorari filed. (Response due December 7, 2020)
11/03/2020	Waiver of right of respondent Texas Department of Public Safety to respond filed.
11/17/2020	DISTRIBUTED for Conference of 12/4/2020.
11/24/2020	Response Requested. (Due December 28, 2020)
12/01/2020	Motion to extend the time to file a response from December 28, 2020 to January 27, 2021, submitted to The Clerk.
12/02/2020	Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2021.
12/23/2020	Brief amicus curiae of Professor Jeffrey M. Hirsch filed.
12/23/2020	Brief amicus curiae of Reserve Organization of America filed.
12/23/2020	Brief amici curiae of Philip C. Bobbitt, Michael C. Dorf, and H. Jefferson Powell filed.
01/27/2021	Brief of respondent Texas Department of Public Safety in opposition filed.
02/10/2021	DISTRIBUTED for Conference of 2/26/2021.
02/10/2021	Reply of petitioner Le Roy Torres filed. (Distributed)
03/01/2021	The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
11/09/2021	Brief amicus curiae of United States filed.
11/23/2021	DISTRIBUTED for Conference of 12/10/2021.
11/23/2021	Supplemental brief of petitioner Le Roy Torres filed. (Distributed)
12/15/2021	Petition GRANTED.
12/22/2021	Blanket Consent filed by Respondent, Texas Department of Public Safety
12/29/2021	Blanket Consent filed by Petitioner, Le Roy Torres
12/30/2021	Motion to dispense with printing the joint appendix filed by petitioner Le Roy Torres.
01/18/2022	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
01/26/2022	Record requested from the Court of Appeals of Texas 13th District.
01/28/2022	ARGUMENT SET FOR Tuesday, March 29, 2022.
01/31/2022	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.
01/31/2022	Brief of petitioner Le Roy Torres filed.
02/07/2022	Brief amicus curiae of United States filed.
02/07/2022	Brief amici curiae of Scholars of Constitutional Law and The Law of Federal and State Courts filed.
02/07/2022	Brief amicus curiae of Professor Jeffrey M. Hirsch filed.
02/07/2022	Brief amici curiae of War Powers Scholars filed.
02/07/2022	Brief amicus curiae of Reserve Organization of America filed.
02/07/2022	Brief amici curiae of National Veterans Legal Services Program, et al. filed.
02/07/2022	Brief amici curiae of Philip C. Bobbitt, Michael C. Dorf, and H. Jefferson Powell filed.
02/07/2022	Brief amicus curiae of Constitutional Accountability Center filed.
02/07/2022	Brief amici curiae of Former Members of Congress filed.
02/07/2022	Brief amicus curiae of Bipartisan Members of Congress filed. (Distributed)
02/11/2022	CIRCULATED
03/02/2022	Brief of respondent Texas Department of Public Safety filed. (Distributed)
03/03/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
03/09/2022	Brief amici curiae of State of Montana and 14 Other States filed. (Distributed)
03/09/2022	Brief amicus curiae of Professor Philip A. Pucillo filed. (Distributed)
03/09/2022	Brief amicus curiae of Separation of Powers Clinic at Antonin Scalia Law School filed. (Distributed)
03/18/2022	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.
03/18/2022	Reply of petitioner Le Roy Torres filed. (Distributed)
03/29/2022	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.
06/29/2022	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.
08/01/2022	JUDGMENT ISSUED
08/01/2022	MANDATE ISSUED
06/30/2023	Record has been returned.