Jean E. Welch v. State Department of Highways and Public Transportation and the State of Texas, Drott Manufacturing Company and J.I. Case Co.

I concur in the result reached by Judge Gee, but I think it imperative that we reach that result by way of federal, rather than state, law. I respectfully disagree with the two views of Judge Williams that: (i) the state can impose on its waiver of immunity the unconstitutional mandatory application of the State Workers’ Compensation Act; and (ii) Parden has lost its vitality. With this Court now speaking as a discordant trio and the outright conflict (in result and reasoning) with our former colleagues in the Eleventh Circuit,1 this case calls for authoritative review by the Supreme Court,…