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The Torres decision will not only determine if protections are available to hundreds of thousands of veterans against employment discrimination but also could have broader ramifications for the war powers doctrine and/or the state sovereign immunity doctrine.
Workplace Prof Blog Forgive me for a bit of self-promotion, but I wanted to flag an amicus brief that a group affiliated with UNC Law filed with the Supreme Court supporting a petition for cert. by the Plaintiff in Torres v. Texas Department of Public Safety. The question centers on war powers abrogation, specifically whether state employers retain sovereign immunity in the face of congressional war powers legislation. In Torres, that legislation is USERRA, which prohibits employment discrimination based on military service and provides leave and other benefits for servicemembers called to ...