Justice Thomas argues for ending unfair government precedent

Supreme Court Justice Clarence Thomas argued in favor of a former West Point cadet who was denied the right to sue after she was raped at the academy, according to The Washington Examiner.

Thomas argued that its time to say goodbye to an unjust precedent that penalizes military members legally. Thomas was responding to the Supreme Court’s Monday decision to decline the cadet’s case because of a 71-year-old decision that bars military personnel from suing when the injury was in “incident to” military service.

According to Thomas’s assessment, the court made the wrong decision because the court’s current precedent. He also cited the text of the Federal Tort Claims Act which allowed her to sue in the first place.

“Under our precedent, if two Pentagon employees — one civilian and one a servicemember — are hit by a bus in the Pentagon parking lot and sue, it may be that only the civilian would have a chance to litigate his claim on the merits,” Thomas wrote.

The woman, who was identified as Jane Doe made the argument that the Army’s officer training academy had policies that are “inadequate to protect students from sexual violence,” something she hoped to change with her suit.

Thomas believed that the court should have used the opportunity to “clarify” the circumstances under which a government employee is allowed to sue a government entity.

“One might be concerned to find out that a student’s rape is considered an injury incident to military service,” Thomas wrote, referencing a lower court judge who expressed a similar opinion.

According to Doe, a fellow cadet at West Point raped her over 10 years ago during her second year at the academy, but her case was thrown out of lower courts due to the 1950 decision Feres v. United States. According to the academy, “The only thing connecting Ms. Doe’s rape to military service was her enrollment at West Point,” the group wrote.

Thomas’s opinion on this type of case and the cases used as precedent has been a non-partisan issue in the past with justices Antonin Scalia and Ruth Bader Ginsburg making similar statements on cases brought before the nation’s high court.

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37 Responses

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  3. I’ll try again :Who appoints the Chief Justice .All members of the Court were elected ( vote of the Senate ). What are the duties & powers of the Chief Justice ? The power that appoints the Chief Justice appears to have the hand on the sword of Justice !! question : Since the current actions related to sports teams and their names :should we play full court press and address the name :Chief “. Sorry but someone must have put some “woke” in my cereal !!

  4. As I recall the military has the UCMJ (Uniform Code of Military Justice) and JAG (Judge Advocate General) that control litigation inside the military establishment.
    So if the military is using unjust and/or inapplicable 70 year old regulations it is a failure of these two organizations.
    It would appear that the Pentagon officials who oversee these organizations are just as inept as the U.S. Congress when it comes to making relevant timely changes.

  5. Justic Thomas is an HONEST great judge, the only decent person that has not sold this country out to the low life Demolorats and other rotten people in Goverment that are hell bent on destroying this Great Country. If all the people in goverment was like Justice Thomas the United States would be a far better place to live than it is NOW. I tkink that Justice Thomas is a rightoust God fearing man that should be admired by the young generation that has not been brain washed by the Commie Eduation system that is educating and destroying the minds of the children in school today. One day when he stands before GOD he will be praised for the good work he did for this country. Thank GOD for Justice Thomas. AMEN.!!!!!!

  6. FYI, I have gotten your email updates and did want to read some of them. However, you are suffering from the same affliction many websites now suffer, particularly those that don’t lean into promoting hard leftist political ideology. There is no content, often ads that covers the content of your articles making reading them a non-starter. Just saying

  7. Rape does not fall under military actions. This is a “personal conduct” action by the rapist. Why can’t a case against this rapist be looked at as “personal conduct” being an actionable act!!! Jane Doe needs to be allowed to file suit against this rapist thereby setting a precedent using “personal conduct” as an actionable act whether the parties being in the military or not. Just saying!!!!

  8. It is a law that was before women were even allowed to go to West Point, It was an all man school when that law was created. Only women were allowed in the medical part of the military or administrative jobs. They were not allowed to be deployed in a war zone at that time. How could the Supreme court make a decision based on that case which would not happen in today’s courts. It is a shame when the Supreme court is run like a communistic organization even during the 2020 election, I would have thought that the cases that were presented during and before the civil war during the Abraham Lincoln election would have taken presidence during these requests. It appers that China has more control of our country than I realized.

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  10. Justice Thomas is right. She is not technically a military member until she graduates from the Academy. She is a student. Therefore, she should be able to have the same rights as any civilian. Military members are unable to sue because of their status which denies them due process in a lot of cases or more favorable outcomes I should say. Many are abused by those who outrank them and justice in the military is just not the same as it would be in the civilian world. No comparison. Injuries in the military can be compensated but again it is a fight with the VA complex system to obtain a disability rating and any monetary compensation based on their decision. It happens years after the fact and must be documented well throughout that time.
    Maybe the whole system needs to be looked at to be more fair in some way. Just my opinion. Not sure how you would change it. But it is not fair currently.

  11. I’m so glad that these Justices are standing for the people that thinks our laws are a promise for all people. I bet the person from 10 yrs ago thinks he is not going to be punished. Who wants a criminal in our military?

  12. I am so disappointed in the people we are putting into office that are to make decisions for the good of our people and country. It makes me feel good that once in awhile there is one that stands up for the wright decision. Where is everyone else? I do not understand! Great job
    Justice Thomas.

  13. Justice Roberts needs to step down, he has made a mockery of the SCOTUS, his changing words so that the OBAMMY CARE could become lawful is a huge example. If he wants to legislate them resign and run for office. But he needs to do so when an America loving person is President. Not OBiden.

    This case should have been heard, the woeful acts that happen in the nations military and the VA persons should be allowed to sue. That is what will cause change, not politicians. They have never and do not now act in the will of the public that voted, not even the dead the DemonRats revived to vote in the last election.

  14. In other words the door is open to do whatever because there are no legal consequences. Come on Supreme Court, take up this issue and change that OLD rules. DO YOUR JOB

  15. I agree with the supreme court’s decision, Jane Doe should be allowed to sue the Academy. The issue should have been addressed immediately by the Academy and the rapist dismissed. Is this the kind of person we want leading our armed forces?

    1. You are spot on DJ., this is not the type of leader I want leading my child into battle. One that only thinks of themselves and doesn’t care who gets hurt under their leadership. That is how bad leaders get taken out.

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      1. Jeffery Epstein & Pedophile. It was reported that Roberts accepted an invitation to a resort Island from Bill Clinton. Being Chief Justice now gives the Democrats a strong hold over him. He most likely didn’t know what was going on but now has to make decisions to suit the Democrats so he won’t suffer from being indicated in some made up sordid details of his visit to the Island.

      1. I completely agree with Harry, I’ve always liked Justice Thomas. The other two men that a President Trump got in are turn coats

    1. I agree wholeheartedly about Judge Clarence Thomas. He has the backbone to stand up for true constitutional government.

  16. Wow, no question that justice must prevail, in spite of the tangled legalities prevailing in the past. It sounds like revisiting the case will help to correct judicial reviews in the future.

  17. What’s the use in posting? If AOL doesn’t agree with you, you won’t be heard.
    Much like our former ‘Supreme’ Court. So sad

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