Opinions Relating to Orders - 2018

Daniel v. United States

JUSTICE THOMAS, dissenting from the denial of certiorari. Petitioner Walter Daniel filed this tort suit against the United States after his wife, Navy Lieutenant Rebekah Daniel, died at a naval hospital due to a complication following childbirth. The District Court determined that the suit was barred by Feres v. United States, 340 U. S. 135 (1950), which held that military personnel injured by the negligence of a federal employee cannot sue the United States under the Federal Tort Claims Act. The Court of Appeals “regretfully” reached the same conclusion and affirmed. 889 F. 3d 978, 980 (CA9 2018). Petitioner now asks the Court to reconsider Feres. I have explained before that “‘Feres was wrongly decided and heartily deserves the widespread, almost universal criticism it has received.’” Lanus v. United States, 570 U. S. 932, 933 (2013) (quoting United States v. Johnson, 481 U. S. 681, 700 (1987) (Scalia, J., dissenting)). I write again to point out the unintended consequences of this Court’s refusal to revisit Feres. Earlier this Term, in Air & L

Leave a Reply

Your email address will not be published. Required fields are marked *