ABSTRACT

'Feres' Doctrine: Congress, the Courts, and Military Servicemember Lawsuits Against the United States [June 5, 2019]   [open pdf - 620KB]

From the Document: "The Supreme Court's 1950 decision in 'Feres v. United States' generally bars active-duty servicemembers from pursuing tort lawsuits against the United States for injuries that arise out of military service. Although some Members of Congress, judges, and scholars have criticized 'Feres,' the Supreme Court has on multiple occasions declined requests to abrogate or modify the doctrine. Most recently, on May 20, 2019, the Supreme Court declined to take up the case of 'Daniel v. United States,' in which the petitioner asked the Court to partially overrule 'Feres' and thereby allow him to pursue a medical malpractice lawsuit against the federal government. This Sidebar analyzes 'Feres,' the legal issues surrounding the doctrine, and what the Court's most recent decision not to revisit the doctrine may mean for Congress."

Report Number:
CRS Legal Sidebar, LSB10305
Author:
Publisher:
Date:
2019-06-05
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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