- by foxnews
- 27 May 2026
Florida alleged the two blue states improperly issued commercial driver's licenses to illegal immigrants in violation of federal standards requiring English proficiency and lawful immigration status for certain commercial drivers, arguing the policies created a public safety threat on American roads.
Thomas, joined by Justice Samuel Alito, said the Supreme Court had a constitutional obligation to hear the dispute because lawsuits between states can only be brought before the high court.
"If this Court does not exercise jurisdiction over a controversy between two States, then the complaining State has no judicial forum in which to seek relief," Thomas wrote.
Thomas said that while the court may be able to exercise discretion in ordinary appeals, lawsuits between states are different because the Constitution gives the Supreme Court exclusive jurisdiction over them.
"We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given," Thomas wrote.
Thomas accused the Supreme Court of failing to abide by the Constitution when it declines to hear disputes between states.
"This Court has adopted a discretionary approach to its exclusive original jurisdiction based on policy judgments that are in conflict with the policy choices that Congress made in the statutory text," Thomas wrote.
"By entering the Union, States agree to instead have such disputes resolved by this Court."
The issuance of commercial drivers' licenses came under scrutiny by the Transportation Department last summer following several deadly crashes involving illegal immigrant truck drivers. Last September, Transportation Secretary Sean Duffy announced new rules imposing stricter criteria for non-citizens seeking a CDL. He also threatened to pull federal funding from California for keeping CDLs active for people found to be ineligible by the Trump administration.
"Secretary Duffy is laser-focused on restoring integrity to America's trucking industry by ensuring truck drivers on our roadways are qualified and vetted," a spokesperson for the Transportation Department told Fox News Digital. "The Department is going after every link in the chain to root out bad actors, fraudsters and chameleon carriers who put American families at risk."
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