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Roll Call
Roll Call
Todd Ruger

Supreme Court to hear battle over War Powers and servicemember lawsuits

The Supreme Court hears arguments Tuesday over a federal law that gives employment protections for military servicemembers who return from duty, and lawmakers have warned the justices that they are critical for recruiting and retaining armed forces.

Congress enacted the Uniformed Services Employment and Reemployment Rights Act, or USERRA, to have uniform rights for all servicemembers when they return to the civilian workforce, the bipartisan group of six lawmakers wrote in a brief in the case.

But state courts in Texas, Virginia, Florida, Tennessee, Georgia, Delaware and Alabama have ruled that USERRA doesn’t provide servicemembers the right to file civil lawsuits against a state when it hasn’t given its permission to be sued.

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