Torres v. Texas Dep’t of Public Safety
Issues
Does Congress have the power to grant suits against nonconsenting states under its constitutional war powers?
This case asks the Supreme Court to consider whether an act of Congress which allows veterans to sue states in their state court violates Article I of the Constitution. Leroy Torres, a veteran who served in Iraq, filed an employment discrimination case in Texas state court against his former state employer after it failed to provide relief for military injuries. The Texas courts found that Torres could not draw the state into a lawsuit using Texas courts. Torres argues that the text, history, and precedent of the Constitution’s war powers require Texas to participate in the suit. The state employer counters that if a private party were to subject Texas to its own judicial system, it would violate principles of sovereign immunity. This case has important implications for injured veterans’ ability to obtain relief from unlawful discrimination and can potentially radically reshape the balance of power between federal and state courts in deciding war powers questions.
Questions as Framed for the Court by the Parties
Whether Congress has the power to authorize suits against nonconsenting states pursuant to its constitutional war powers.
Leroy Torres joined the United States Army Reserve (“Reserve”) in 1989. Petitioner’s Appendix at 2a (opinion of Texas Court of Appeals). In 1998, the Texas Department of Public Safety (“DPS”) hired him as a state trooper. Id.
The authors would like to thank Professor Michael C. Dorf for his insights into this case.
Additional Resources
- Adam Chan, War Powers and State Sovereign Immunity in Torres v. Texas Dep’t of Public Safety, Lawfare (February 8, 2022).