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Thomas and Alito blast Supreme Court for refusing to hear Florida's lawsuit over immigrant truck driver licenses

Ben Marquis,
 May 27, 2026

Three people are dead on a Florida highway, and the Supreme Court does not want to talk about it. The Court on Tuesday rejected Florida's bid to sue California and Washington over their practice of issuing commercial driver's licenses to immigrants living in the country illegally, drawing a sharp 7-2 dissent from Justices Clarence Thomas and Samuel Alito, who argued the majority walked away from a constitutional duty.

The case sits at the intersection of immigration enforcement, highway safety, and a growing legal question with no easy answer: when red states and blue states clash over federal law, who referees?

The crash that started it all

The dispute traces back to a fatal crash on the Florida Turnpike. As Fox News reported, a truck driver named Harjinder Singh, an Indian national not authorized to be in the United States, held valid commercial driver's licenses from both California and Washington. Singh was involved in a crash that killed three people. Florida alleged he could not read English road signs.

Federal law sets clear requirements for commercial driver's licenses. Applicants must pass a driving test, demonstrate sufficient understanding of English, and show appropriate immigration status. Florida contended that California and Washington ignored all three requirements when they handed CDLs to Singh and others like him.

The state filed an original action directly with the Supreme Court, the only judicial forum available when one state sues another. The Constitution grants the Court original jurisdiction over such disputes, a provision the framers included precisely because interstate conflicts have no other courtroom.

Thomas: the Court 'cannot refuse'

Justice Thomas wrote a detailed dissent that did not mince words. He laid out the federal statutory framework and the facts of the Florida Turnpike crash, then turned his fire on the majority for declining to act.

"An illegal alien who cannot read English road signs cannot drive an 80,000-pound tractor-trailer. [Federal law] and regulations prohibit States from providing commercial driver's licenses to applicants unless they pass a driver's test, sufficiently understand the English language, and show appropriate immigration status."

Thomas went further, framing the rejection as a structural failure. He argued the Court's original jurisdiction over state-versus-state disputes is not discretionary in the way the justices treated it. As Courthouse News reported, Thomas and Alito see the Court as constitutionally obligated to serve as referee when states square off against each other.

"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."

That line carries weight. Thomas was not merely objecting to the outcome in this particular case. He was warning that the Court's habit of turning away original jurisdiction cases leaves states with legitimate grievances stranded, with no courthouse door open to them.

Florida's attorney general fires back

Florida Attorney General James Uthmeier did not hold back after the Court's order. Breitbart reported his response:

"California's and Washington's decisions to endanger their own citizens is reprehensible."

Uthmeier's statement underscores a broader frustration among Republican state officials. When blue states adopt policies that arguably violate federal standards, the consequences do not stay within their borders. A CDL issued in Sacramento travels with the driver to every state in the country. Florida's argument was straightforward: those licenses put Florida residents at risk on Florida roads.

The seven justices in the majority did not comment on their reasoning. The Court rejected Florida's motion for leave to file a complaint without explanation, a common practice when the Court declines original jurisdiction cases but one that leaves the legal questions entirely unresolved. AP News noted that Thomas and Alito frequently dissent when the Court turns away original actions between states.

A widening red-blue divide with no courtroom

The rejection lands at a moment when interstate policy conflicts are multiplying. Immigration, environmental regulation, gun laws, and election procedures have all generated friction between Republican-led and Democratic-led states. Thomas's dissent raises a question the Court will eventually have to confront: if not here, where?

The current dynamic on the bench reflects broader ideological tensions. Recent pointed exchanges between justices have highlighted how deeply the philosophical divisions run, not just on outcomes but on the Court's institutional role.

Thomas's position is consistent with his long-held textualist approach. Article III of the Constitution extends the judicial power to "Controversies between two or more States." The word "shall" in the original jurisdiction clause has fueled decades of debate about whether the Court must hear such cases or may exercise discretion. Thomas reads the text as mandatory. The majority, by its silence, appears to disagree.

Justice Alito joined Thomas's dissent in full. Alito has repeatedly staked out ground on cases where he believes the Court is ducking hard questions, and this case fits that pattern.

Federal law vs. state licensing practice

The federal requirements for commercial driver's licenses exist for a reason. Tractor-trailers can weigh 80,000 pounds. A driver who cannot read highway signs, understand traffic instructions, or communicate with emergency responders poses a serious hazard. Congress wrote English proficiency and immigration status into the CDL framework as safety measures, not suggestions.

The Washington Examiner reported that Singh received CDLs from both Washington and California despite failing federal English proficiency standards. Florida alleged this was not an isolated case but part of a broader pattern in both states.

Investigators will need to determine whether Singh's inability to read English road signs contributed directly to the fatal crash. But Florida's legal theory did not depend solely on that single incident. The state argued that California and Washington were systematically violating federal law, creating a rolling public safety threat that crossed state lines every time a non-compliant driver got behind the wheel of a commercial vehicle.

The Court's refusal to hear the case means that question remains unanswered. No lower federal court can take it up. The original jurisdiction clause exists precisely for disputes like this one, where one sovereign state alleges another sovereign state is breaking federal law and causing harm across borders.

Where the Court goes from here

The 7-2 split is notable. Even on a Court with a 6-3 conservative majority, only Thomas and Alito voted to hear Florida's complaint. That five conservative-appointed justices joined the four liberals in turning the case away suggests the reluctance to take original jurisdiction cases runs deeper than ideology.

Some justices have pushed back against the notion that the Court divides neatly along partisan lines. This case offers a data point in their favor. But for Thomas and Alito, the question is not about politics. It is about structure. If the Constitution assigns the Court a job, they believe the Court must do it.

Authorities in Florida have not publicly confirmed whether additional legal avenues are under consideration. Uthmeier's statement suggests the state is far from finished pressing the issue. But without the Supreme Court's cooperation, the path forward is unclear.

Newsmax reported that the case highlights the broader immigration policy dispute between Republican and Democratic-led states, a conflict that shows no signs of cooling. The CDL issue is just one front in a much larger war over which level of government controls immigration enforcement and its downstream consequences.

The Court has shown willingness to wade into other contentious areas this term. Recent 5-4 splits on execution cases demonstrate that the justices are not shy about taking sides on difficult questions. The reluctance here, on a case involving dead Americans and alleged federal law violations, stands out.

Three lives and no answer

Three people died on the Florida Turnpike. A driver who federal law says should never have held a commercial license was behind the wheel. Two states issued that license anyway. And the one court in America with the power to adjudicate the dispute between Florida and those states said no.

When the Constitution assigns a duty and the institution walks away from it, the losers are not just the states left without a forum. They are the people on the highway who trusted that federal safety standards meant something.

About Ben Marquis

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