When he returned, he had suffered lung damage from smoke inhalation at burn pits, and could not serve in the same position.

[2] The Supreme Court granted certiorari in December 2021,[1] and heard oral arguments on March 29, 2022.

Justice Stephen Breyer wrote the majority opinion, which held that while states have sovereign immunity, it does not extend to areas of the nation's defense, and thus the state could be held liable for failing to follow USERRA, allowing Torres' lawsuit to proceed.

Breyer wrote "Text, history and precedent show that the states, in coming together to form a union, agreed to sacrifice their sovereign immunity for the good of the common defense.

"[2] Breyer quoted examples from 1872 onward that demonstrate that "Congress may legislate at the expense of traditional state sovereignty to raise and support the Armed Forces.