Bar to Suing Government for Damages Upheld

The Supreme Court refused to consider a case that could have allowed service members to sue the government for death or injury caused by negligence. On May 20, the high court decided not to consider the appeal of Walter Daniel, whose wife – Navy Lt. Rebekah Daniel, died at a Navy hospital following complications in the aftermath of childbirth.
The Feres doctrine, a policy that emerged from an 1950 court ruling, bars such lawsuits. Challenges to Feres that have arisen over the years have not prevailed. The court system generally has determined that if Feres were to change, it would be up to Congress to decide as such.
In this case, Daniel v. U.S., the high court took the same tack – to an extent. However, there is strong indication that not all of the justices are pleased with Feres.
Justice Clarence Thomas wrote a sharp dissent.
“Such unfortunate repercussions – denial of relief to military personnel and distortions of other areas of law to compensate – will continue to ripple through our jurisprudence as long as the court refuses to reconsider Feres,” Thomas said.
Justice Ruth Bader Ginsburg indicated that she would have had the high court consider the case.