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No. 20-603October Term 2020Decided Jun 29, 2022Updated Sep 3, 2026

Docket 20-603October Term 2020 (2020–2021)

Torres v. Texas Department of Public Safety

Congress may authorize service members to sue state employers under USERRA despite a state's objection.

Case status

Decided 5-4 · June 29, 2022 · Opinion by Justice Breyer

Majority

Dissenting

Read the opinion (PDF)
Current stage
Decided
Latest event
Decision released Jun 29, 2022
Case Accepted
Arguments
Decision ReleasedJun 29, 2022
What it's about

This case was about whether a Texas state trooper who returned from military service with service-related lung injuries could sue his state employer under USERRA after the state refused to place him in a suitable job. The Court held that Congress can allow those suits against states because the states gave up that immunity when they joined the Union in matters tied to Congress’s war powers.

Question presented

Whether Congress has the power to authorize suits against nonconsenting states pursuant to its War Powers?

Case path

Court of Appeals of Texas, Thirteenth District / Decision released Jun 29, 2022

Area

Decided Supreme Court case

Decision

Decision record

What the Court decided

Congress may authorize service members to sue state employers under USERRA despite a state's objection.

Impact

Veterans and other service members can pursue USERRA claims against state employers. For example, a state employee returning from military duty can seek relief if an agency does not restore that worker to an appropriate job.

Not official Court text.

Vote

Vote split
5-4
Majority author
Stephen G. Breyer

Majority

Opinion documents

Opinion

Briefing

What it's about

The Court decided that Congress can let service members sue nonconsenting states under USERRA (a federal law protecting service members' civilian jobs). Texas trooper Le Roy Torres said the state refused to place him in a suitable job after military service left him with lung injuries.

Vote

Justice Breyer wrote the 5–4 opinion, joined by Chief Justice Roberts and Justices Sotomayor and Kavanaugh; Justice Kagan concurred; Justices Thomas, Alito, Gorsuch, and Barrett dissented.

Impact

Veterans and other service members can pursue USERRA claims against state employers. For example, a state employee returning from military duty can seek relief if an agency does not restore that worker to an appropriate job.

What's next

The Court has finished this case. State employers may face USERRA suits from service members seeking workplace protections after military service.

What did the Supreme Court rule in Torres v. Texas Department of Public Safety?

The Court said Congress can authorize USERRA suits against nonconsenting states under its war powers.

Who is affected by the Torres decision?

Service members and veterans employed by state governments may bring USERRA claims when they believe their job protections were denied.

What happens next in Torres v. Texas Department of Public Safety?

The Supreme Court has completed the case. The decision allows Torres's type of claim against a state employer to proceed.

Timing

Decided June 29, 2022

The Court released its decision on June 29, 2022 without hearing oral argument.

Argument and decision days

Documents

Opinions

Opinion

Key filings

Questions Presented
Petition

Briefs on file: 27View on supremecourt.gov

View full docket on supremecourt.gov

Activity

Docket activity4

  • AI analysis generated: Case Briefing

    Sep 3, 2026 | Generated

  • Brief added: Questions Presented

    May 25, 2026 | Court records

  • Opinion added: opinion

    Jun 29, 2022 | Court records

  • Brief added: Petition

    Nov 2, 2020 | Court records

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Grounding

Grounding
Primary materials plus reporting.
Note
Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
Checked
Sep 3, 2026
Method
Methodology
Primary materials10
Context reporting5