Supreme Court Ensures Full Civilian Pay for Reservists During National Emergencies

April 30, 2025
Supreme Court Ensures Full Civilian Pay for Reservists During National Emergencies
  • This decision stemmed from a case involving an air traffic controller who served five years in the Coast Guard and was paid less than his salary at the Federal Aviation Administration while on active duty.

  • On April 30, 2025, the U.S. Supreme Court ruled that federal employees who are also military reservists must receive their civilian salary when called to active duty during national emergencies.

  • The majority opinion, authored by Justice Neil Gorsuch and supported by Justices Sonia Sotomayor, Brett Kavanaugh, Amy Coney Barrett, and Chief Justice John Roberts, emphasized that reservists contribute to national defense and deserve equal pay.

  • The ruling clarified that any reservist called to active duty during a national emergency enhances national defense and should be compensated accordingly.

  • In dissent, Justice Clarence Thomas raised concerns that the ruling could extend differential pay to more reservists than Congress intended, particularly given the ongoing nature of national emergencies.

  • Justice Thomas was joined in his dissent by Justices Samuel Alito, Elena Kagan, and Ketanji Brown Jackson, who favored sending the case back to a lower court for further evaluation.

  • However, the Court found that the differential pay statute applies to all reservists called to active duty during a national emergency, regardless of their connection to the emergency.

  • The 5-4 decision impacts potentially hundreds of thousands of federal workers, ensuring they do not face financial hardship when transitioning from civilian roles to military service.

  • The ruling challenged the Justice Department's interpretation of a 2009 differential pay statute, which the department argued only applied to those whose military service was closely linked to national emergencies.

Summary based on 6 sources


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