U.S. Supreme Court Justices Clarence Thomas and Sonia Sotomayor recently united in criticism of the Feres precedent in the Beck v. United States case. The court declined to hear this wrongful death suit involving an off-duty serviceman killed by a government vehicle, maintaining lower court rulings that prevented Beck’s widow from seeking justice under the Federal Tort Claims Act (FTCA). Both justices condemned Feres, a 1950 ruling that limits government liability for servicemembers, noting it causes significant injustice. Thomas argued for overruling Feres, asserting that Beck’s death occurred outside the scope of military service. Sotomayor expressed her disapproval but cited respect for stare decisis as a reason to deny the petition, advocating for Congressional action instead. This unprecedented agreement highlights critical concerns regarding military service, judicial precedent, and the rights of servicemembers’ families, emphasizing the urgent need for reform.
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