The U.S. Supreme Court again refused—ignoring the wishes of Justices Ruth Bader Ginsburg and Clarence Thomas—to reconsider a nearly universally criticized doctrine that’s stood for almost 70 years.
In Daniel v. United States, the justices were asked to overturn the “Feres doctrine,” which bars service members from suing the federal government for medical malpractice, even where the allegedly negligent treatment is unrelated to their military service.
Walter Daniel was barred from pressing his malpractice claim over his wife’s death just hours after she gave birth in a military hospital. Rebekah Daniel was a Navy lieutenant.
Thomas lamented the “unfortunate ...
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