Justices Won’t Overturn Rule Barring Suits By Service Members

Feb. 24, 2025, 2:45 PM UTC

The US Supreme Court has once again refused to overturn an oft-criticized rule that bars soldiers from suing the federal government, even for activities that critics say are unrelated to their military service.

The so-called Feres doctrine is a judge-made rule that for decades has barred service members from suing the US for torts committed “incident to service,” a term read broadly to include claims for medical malpractice.

Dissenting from the court’s decision not to reconsider the rule, Justice Clarence Thomas said, “we should fix the mess that we have made.”

In 2018, then-Air National Guard Staff Sergeant Ryan Carter ...

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