WASHINGTON — The U.S. Supreme Court has declared that federal employees who are also military reservists should be compensated at the same level as their civilian government salaries when they are summoned for active duty during national emergencies.
This close 5-4 decision has the potential to impact a significant number of people, ensuring that they do not face financial difficulties when they transition temporarily from civil to military service.
The court’s ruling came in response to an appeal by an air traffic controller who had served approximately five years on active duty in the Coast Guard, receiving less pay than his position with the Federal Aviation Administration.
In 2009, Congress introduced a differential pay statute. However, the Justice Department had interpreted it to apply only to individuals whose military service was directly tied to a national emergency.
The justices, however, decided that any military reservist called to active duty during a national crisis contributes to the nation’s defense. Thus, they should receive an equivalent salary to what they would earn in their federal civilian roles. Justices Neil Gorsuch, Sonia Sotomayor, Brett Kavanaugh, Amy Coney Barrett, and Chief Justice John Roberts formed the majority opinion.
In contrast, Justice Clarence Thomas, in his dissenting opinion, noted that the country has longstanding declarations of national emergencies. He argued that this broader interpretation of differential pay might extend beyond what Congress originally intended. Thomas suggested that the case be reconsidered by a lower court. He was joined in his dissent by Justices Samuel Alito, Elena Kagan, and Ketanji Brown Jackson.