War powers and state lawsuits
Torres v. Texas Department of Public Safety
In brief
The Court said Congress may authorize USERRA lawsuits seeking money from states, overturned the Texas ruling, and sent Torres's case back for further proceedings (reversed and remanded).
- Where it stands
- Decided
Decided 5-4 · June 29, 2022 · Opinion by Justice Breyer
- 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.
- Who it affects
- The ruling says Congress may authorize private lawsuits seeking money from states that do not agree to be sued when Congress uses its power to raise and support the Armed Forces. The lower court must now continue proceedings on Torres's individual claim.
Summary: written with AI from the case record.

What it's about
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.
The case tested whether the Constitution's federal military powers can override states' usual protection from private lawsuits.
Question presented
Whether Congress has the power to authorize suits against nonconsenting states pursuant to its War Powers?
What the Court decided
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 nonconsenting States, as in USERRA. 583 S. W. 3d 221, reversed and remanded.
- Result
- Reversed
The vote
From the opinions
“Alden should have squarely foreclosed that holding.”
What's next
The Supreme Court sent the case back to the Texas courts for further proceedings (remanded). The decision itself does not set a money award for Torres.
Documents
Docket activity
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AI analysis generated: Case Briefing
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AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
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Brief added: Questions Presented
More questions
- What was Torres v. Texas Department of Public Safety about?
- It asked whether Congress could let a Texas trooper sue Texas under USERRA after the state refused a suitable job following military service.
- What action did the Supreme Court take in Torres?
- It overturned the Texas appeals court's ruling and sent the case back for further proceedings (reversed and remanded).
- How does the ruling affect USERRA suits against states?
- It allows Congress to authorize private lawsuits seeking money from states that do not agree to be sued under USERRA.
- What happens next in Torres's case?
- The Texas courts will continue proceedings on his claim. This decision does not itself set a money award for Torres.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.