About this episode
Case Info: Feliciano v. Department of Transportation | Date Decided: 4/30/25 | Case No. 23-861 Link to Docket: Here . Question Presented: Whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential pay even if the duty is not directly connected to the national emergency. Holding: A federal civilian employee called to active duty pursuant to “any other provision of law . . . during a national emergency” as described in §101(a)(13)(B) is entitled to differential pay if the reservist’s service temporally coincides with a declared national emergency without any showing that the service bears a substantive connection to a particular emergency. Result: Reversed and remanded. Voting Breakdown: Justice Gorsuch delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Kavanaugh and Barrett joined. Justice Thomas filed a dissenting opinion, in which Justices Alito, Kagan and Jackson joined. Link to Opinion: Here . Oral Advocates: For Petitioner: Andrew T. Tutt For Respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice Website Link to Oral Argument: Here . Apple Podcast Link to Oral Argument: Here . Timestamps: 00:00 Introduction 00:15 Question Presented 00:23 Voting Breakdown 00:40 Justice Gorsuch Majority Opinion 08:10 Result 08:11 Justice Thomas Dissenting Opinion 14:41 Case Implications