In Torres v. Texas Dep’t of Public Safety, the Court held that private suits against states are authorized under Congress’s war powers, carving out a new structural waiver exception to state sovereign immunity.
Adam Chan received his J.D. from Columbia Law School in May 2022. Starting in September, he will be working in the Office of Congressman Mike Gallagher as a national security law fellow, focusing on trade finance and technology national security issues involving China. He previously interned at the Department of Justice, National Security Division, Office of Law and Policy; was a Summer Associate in Kirkland & Ellis’s DC International Trade and National Security practice; and externed at the office of FCC commissioner Brendan Carr.
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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.
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