Justices Won’t Review Service Member’s Sexual Assault Case

May 3, 2021, 1:41 PM UTC

The U.S. Supreme Court on Monday refused to hear a case seeking to further limit an oft-criticized doctrine, which broadly prohibits members of the military from suing the federal government for claims of sexual assaults.

The judge-made Feres doctrine that blocks suits involving claims “incident to military service” has also been used to prevent service members from suing over medical malpractice.

The doctrine is a “radical departure from statutory text,” the petitioner, a former West Point cadet known as Jane Doe, told the justices, encouraging them to overrule the court’s more than 70-year-old precedent.

The Justice Department under President Joe ...

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