State Military Discrimination Case Gets Supreme Court Review

The U.S. Supreme Court agreed to consider whether Congress can allow servicemembers to sue states over their objection, granting the case over the Biden administration’s suggestion to pass for now.

The justices rarely grant cases over the objection of the federal government, which is known as the “tenth justice” given the court’s typical acquiescence to the executive’s recommendations.

The case centers on the Uniformed Services Employment and Reemployment Rights Act of 1994, which allows servicemembers to sue state and local employers alleged to have discriminated based on military service.

The question for the justices is whether Congress has the power ...