The Supreme Court hears argument 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.
That means servicemembers must rely on a patchwork of state laws that aren’t as strong as the federal law, the lawmakers wrote. Signing the brief were Michigan Republican Rep. Peter Meijer and Democratic Reps. André Carson of Indiana, Joaquin Castro of Texas, Raul Ruiz of California, Tim Ryan of Ohio and David Trone of Maryland.
“Without USERRA, soldiers who served alongside each other overseas might find themselves with vastly different rights and remedies depending upon where they happen to call home in the United States,” the lawmakers wrote.
“To effectively recruit and retain the soldiers necessary to the success of its military operations, the United States must be able to guarantee servicemembers a fair and uniform deal,” the group wrote.
Meijer...
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