Porteé v. Morath (W.D. Tex.)

On July 21, 2023, the court granted the plaintiff’s motion for a preliminary injunction in the first case brought nationwide under a new Servicemembers Civil Relief Act’s (SCRA) provision that guarantees the portability of certain professional licenses of U.S. servicemembers and their spouses when they relocate pursuant to military orders.  The court found that a military spouse met all four prongs of the preliminary injunction standard in her case alleging that Texas state licensing agencies failed to recognize her out-of-state school counselor licenses, as required by the SCRA.  The United States had filed a Statement of Interest on July 13, 2023, arguing that plaintiff was likely to succeed on the merits of her claim that her school counseling licenses are covered under the new provision, vigorous enforcement of the provision serves the public’s exceptionally strong interest in national defense and military readiness, and plaintiff has standing to bring her case.

Press Release - 7/13/23