Thomas rebukes Supreme Court for refusing Florida's case against states licensing illegal immigrant truckers
Justice Clarence Thomas accused the Supreme Court of abandoning its constitutional duty on Tuesday when it refused to hear Florida's lawsuit against California and Washington, two states that issued commercial driver's licenses to an illegal immigrant who went on to cause a fatal highway crash in Florida.
The vote was 7-2. Only Justice Samuel Alito joined Thomas in dissent. The rest of the Court let the case die without comment, as Fox News Digital reported.
Thomas did not let it pass quietly. In a written opinion, he laid out a blunt case: federal law bars states from handing CDLs to applicants who lack lawful immigration status and cannot demonstrate English proficiency. California and Washington did it anyway. And a man named Harjinder Singh, an illegal immigrant from India who held valid CDLs from both states, allegedly made an illegal U-turn on a Florida highway and killed three people.
A crash, a license, and a legal dead end
The facts Thomas marshaled were specific and grim. Singh received commercial licenses from both California and Washington despite federal regulations that require CDL applicants to pass a driving test, show they understand English, and prove appropriate immigration status. Thomas wrote that Singh "could not read the road signs" and was behind the wheel of an 80,000-pound tractor-trailer.
The Washington Examiner reported the fatal crash occurred in August 2025, killing three people. Bodycam footage from a separate incident showed Singh was also cited for speeding in New Mexico on July 3, 2025, weeks before the deadly wreck.
Florida filed suit directly with the Supreme Court, invoking the Court's original jurisdiction over disputes between states. The state argued that California and Washington had violated federal commercial licensing law and created what Thomas described as "the disturbing phenomenon of illegal-alien truck drivers causing fatal accidents on the road."
The Court said no. Seven justices declined to take the case. No explanation was offered.
Thomas's constitutional argument
Thomas's dissent went beyond the highway safety question. He challenged the entire framework the Court has built around its original jurisdiction, the power to hear cases filed directly between states, without going through lower courts first.
His core point: when one state sues another, the Supreme Court is the only courtroom available. The Constitution designed it that way. And the Court, Thomas argued, has been ducking that responsibility for decades by treating original jurisdiction as discretionary rather than mandatory.
"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."
He invoked an older legal principle to sharpen the point:
"We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given."
Thomas accused the majority of substituting its own policy preferences for the text of the statute. He wrote that the 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."
The logic was straightforward. States gave up the right to settle disputes with each other through diplomacy or force when they joined the Union. In exchange, they got the Supreme Court as their forum. Thomas noted that if Florida, California, and Washington were separate countries, a dispute over one government allowing dangerous drivers into another's territory "could create serious diplomatic tension and would likely be handled through international courts or other government action."
Instead, Florida got nothing. No hearing. No forum. No recourse.
A pattern of principled dissent
Thomas and Alito have long dissented together when the Court refuses original jurisdiction cases. AP News noted the two justices "often" dissent in these situations, arguing the Court has no choice but to hear disputes between states. But this case carried an edge the others did not: a body count.
Thomas is no stranger to standing apart from his colleagues. He has urged the Court to rethink major precedents in redistricting cases and has written commanding majority opinions when the rest of the bench agrees with him. But on original jurisdiction, he remains in a persistent minority, one that keeps making the same constitutional argument while the majority keeps walking past it.
The 7-2 split is worth pausing on. This was not a liberal-conservative divide. Five justices appointed by Republican presidents joined the two Democratic appointees in refusing the case. Whatever their reasoning, the practical result is that California and Washington face no judicial consequence for issuing CDLs to drivers who, under federal law, should never have received them.
The executive branch steps in
Where the Court declined to act, the Transportation Department has tried to fill the gap, though with tools far less powerful than a Supreme Court ruling.
Transportation Secretary Sean Duffy announced new rules last September imposing stricter criteria for non-citizens seeking commercial driver's licenses. The department also threatened to pull federal funding from California for keeping CDLs active for people the Trump administration found ineligible.
A department spokesperson laid out the posture plainly:
"Secretary Duffy is laser-focused on restoring integrity to America's trucking industry by ensuring truck drivers on our roadways are qualified and vetted. 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."
The scrutiny followed a string of deadly crashes involving illegal immigrant truck drivers that drew national attention last summer. Singh's case was among the most prominent, but Breitbart reported the broader pattern had already prompted federal action before the Supreme Court weighed in.
Regulatory action, though, has limits. Rules can be challenged, delayed, or reversed by a future administration. A Supreme Court ruling on whether states can defy federal CDL standards would have settled the question with binding force. That opportunity is now gone.
What California and Washington did, and what federal law says
The gap between federal law and blue-state practice is the heart of the dispute. Federal regulations are explicit: states may not issue commercial driver's licenses to applicants who fail a driving test, cannot demonstrate sufficient English-language ability, or lack appropriate immigration status.
California and Washington issued CDLs to Harjinder Singh despite these requirements. Thomas's opinion treats this as a straightforward violation, not a gray area, not a policy disagreement, but a refusal to follow binding federal standards that exist to keep 80,000-pound trucks from being driven by people who cannot read the signs telling them where to go, how fast to drive, or when to stop.
The internal dynamics of the current Court, where major decisions often split along unexpected lines, make the 7-2 result harder to dismiss as simple partisanship. Something else is at work: a reluctance, shared across ideological lines, to open the Court's docket to interstate disputes that could multiply quickly.
Thomas acknowledged that concern and rejected it. The Constitution, he argued, already made the choice. The Court's job is to hear these cases, not to decide whether hearing them is convenient.
Open questions
Several facts remain unclear. The formal case name and docket number were not specified in available reporting. Singh's precise immigration history, how he entered the country, whether he overstayed a visa, or how he obtained his licenses, has not been detailed publicly. Whether Singh faces criminal charges related to the fatal crash is also unaddressed.
Nor is it clear how many illegal immigrants currently hold CDLs issued by California, Washington, or other states with similar policies. The Transportation Department's enforcement actions suggest the number is not trivial, but no official count has been published.
Thomas and Alito have dissented together on other high-profile matters where they believed the Court was evading its obligations. Whether their persistence on original jurisdiction eventually moves the needle remains to be seen. For now, the majority's silence speaks for itself.
The Newsmax report on the dissent underscored Thomas's core complaint: that the Court's refusal leaves Florida with no legal venue to challenge what it views as a direct threat to the safety of its residents.
The cost of looking away
Three people are dead on a Florida highway. The man behind the wheel held licenses he should never have received, issued by states that ignored federal law. And when the state where those people died asked the one court empowered to resolve the dispute, seven justices looked the other way.
Thomas framed the stakes with a single line that needs no legal training to understand:
"An illegal alien who cannot read English road signs cannot drive an 80,000-pound tractor-trailer."
That is not a policy preference. It is a statement of physical reality. The question is whether any institution in the federal system is willing to enforce the law that recognizes it. The Transportation Department is trying. The Supreme Court, by a lopsided margin, chose not to.
The same justice who can command near-unanimous agreement on property rights apparently cannot persuade five colleagues that a state deserves its day in court when the stakes are measured in lives lost.
When blue states hand commercial licenses to people who cannot legally hold them, and people die as a result, someone has to answer for it. Right now, no one does.

