Justice Clarence Thomas criticized the Supreme Court on Tuesday for declining to hear Florida’s lawsuit against California and Washington over commercial driver’s license policies for undocumented immigrants.

Florida challenged the two states’ issuance of commercial driver’s licenses to individuals in the country illegally, arguing the practice violated federal standards requiring English proficiency and lawful immigration status. The state claimed the policies created a public safety hazard on American roads.

What Thomas Argued

Thomas, joined by Justice Samuel Alito, wrote that the Supreme Court had a constitutional obligation to hear the case because state-versus-state disputes can only be adjudicated by the nation’s highest court. “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,” Thomas wrote.

Thomas pointed to a fatal Florida highway crash involving truck driver Harjinder Singh as evidence of the dangers posed by the licensing policies. He noted that federal law prohibits states from issuing commercial driver’s licenses to applicants who cannot sufficiently understand English or demonstrate appropriate immigration status.

The justice emphasized the constitutional distinction between ordinary appeals and interstate disputes. “We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given,” Thomas wrote in his dissent.

The Court’s Decision

A majority of the Supreme Court voted against hearing Florida’s original jurisdiction case, preventing the state from pursuing its legal claims through the judicial system. The decision means Florida has no other court forum available to address its allegations against California and Washington.