Torresv.Texas Department Of Public Safety
Le Roy Torres left his position with the Texas Department of Public Safety to serve in the Army and later sought reemployment with an accommodation for injuries he sustained during service. He sued Texas under the Uniformed Services Employment and Reemployment Rights Act, which protects returning servicemembers’ employment rights. Texas argued that sovereign immunity barred the suit. The Supreme Court held that Congress validly used its constitutional authority to raise and support the armed forces when it enacted the Act and authorized private suits against state employers. The Constitution’s plan for military affairs supplied a sufficient basis to permit the action notwithstanding state sovereign immunity. The Court reversed the Texas court’s judgment and remanded for further proceedings.
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