Justice Clarence Thomas issued a sharp dissent Monday after the Supreme Court declined to hear a challenge to the 75-year-old Feres Doctrine, which blocks service members and their families from suing the federal government for injuries tied to military service.
The latest case involved Air Force Staff Sgt. Cameron Beck, who was killed in 2021 when a federal employee driving a government van turned in front of his motorcycle. Lower courts dismissed his widow's wrongful-death suit, ruling the claims were barred under Feres.
Thomas called criticism of the doctrine "near-universal" and said it has "deprived servicemembers and their families of redress for serious harms," Newsweek reported Monday.
He argued Beck's death occurred off duty and "cannot be characterized as a wartime combatant activity," making Feres inapplicable.
Justice Sonia Sotomayor, while agreeing to deny review, also said Feres is "a difficult decision to justify" and urged Congress to address the issue.
Justice Neil Gorsuch said he would have taken the case.
With the court declining review, the lower court's dismissal stands.
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