Supreme Court Grants Equal Pay to Military Reservists/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ The U.S. Supreme Court ruled 5-4 that federal employees who serve as military reservists must receive equal pay when called to active duty during national emergencies. The decision stems from an air traffic controller’s case and could impact hundreds of thousands. The ruling expands eligibility under a 2009 law guaranteeing salary parity during military service.
Military Pay Ruling: Quick Looks
- Supreme Court votes 5–4 in favor of reservists
- Federal workers must receive civilian-equivalent pay while on duty
- Case brought by FAA employee activated by the Coast Guard
- Decision could affect hundreds of thousands of government workers
- Justices Gorsuch, Roberts, Sotomayor, Kavanaugh, Barrett formed majority
- Justice Thomas led dissent, citing overbroad national emergency interpretation
- Law at issue: 2009 differential pay statute
- DOJ argued statute applied only to emergency-connected missions
- Majority: Any service during a national emergency qualifies
- Thomas warns of unintended financial impact on federal budget
- Ruling ensures reservists won’t face pay cuts during service
Supreme Court Grants Equal Pay to Military Reservists
Deep Look
Supreme Court Rules Federal Employees Serving in Military Must Receive Full Civilian Pay
WASHINGTON — In a major win for military reservists, the U.S. Supreme Court ruled Wednesday that federal employees called to active duty during national emergencies must be paid the same as they would have earned in their civilian jobs. The 5–4 decision potentially impacts hundreds of thousands of federal workers who also serve in the reserves.
The case stemmed from a lawsuit by an air traffic controller employed by the Federal Aviation Administration. The plaintiff had served nearly five years on active duty in the Coast Guard at a significantly lower salary than his FAA position. He argued that under a 2009 law passed by Congress, he was entitled to “differential pay” to make up the difference.
The Justice Department pushed back, arguing that the statute only applies to cases where a reservist’s service has a “direct connection” to a declared national emergency. But the majority of justices disagreed.
Writing for the court, Justice Neil Gorsuch stated that the intent of the law is to ensure those serving the country in uniform during emergencies are not financially penalized. He was joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Brett Kavanaugh, and Amy Coney Barrett.
“Any reservist called to active duty during a declared national emergency contributes to national defense and deserves full compensation,” Gorsuch wrote.
The ruling could affect a large swath of federal workers across various agencies — from law enforcement to health care professionals — who may also serve in the National Guard or reserves and are activated during crises like natural disasters or national security threats.
Justice Clarence Thomas issued a sharp dissent, warning that the majority’s interpretation could dramatically broaden the law’s scope. With the U.S. having been under continuous national emergency declarations for years — including ones related to public health, terrorism, and cybersecurity — the ruling could “significantly expand access to differential pay far beyond what Congress envisioned,” he wrote.
Thomas, joined by Justices Samuel Alito, Elena Kagan, and Ketanji Brown Jackson, said he would have sent the case back to a lower court for further clarification.
The decision marks a rare cross-ideological alignment, with justices from both liberal and conservative wings forming the majority. Legal analysts noted that this outcome reflects a consistent principle: ensuring that citizens who temporarily leave one form of public service for another are not financially punished.
Advocacy groups for veterans and reservists praised the ruling.
“This is a victory for fairness,” said Joe Chen, spokesperson for the National Guard Association of the U.S. “Those who wear the uniform deserve peace of mind knowing their civilian salaries won’t vanish when duty calls.”
The federal government must now ensure compliance across all agencies. For reservists still waiting for reimbursement or salary adjustments, this ruling could open the door to retroactive compensation — and may spur more litigation if agencies delay implementation.
