Justice Thomas dissents after SCOTUS rules against hearing female West Point cadet’s rape case

A former female West Point cadet who claimed she was raped while enrolled at the prestigious academy hit a roadblock in her pursuit of legal action due to a U.S. Supreme Court ruling on Monday.

As the Washington Times reported, on Monday the high court rejected her case, which was an appeal after lower courts tossed her original lawsuit in which she claimed that West Point didn’t adequately protect its cadets from sexual assault incidents. Justice Clarence Thomas dissented, arguing that the previous ruling that prohibits military members from seeking legal recourse is outdated and has resulted in numerous injustices over the years. 

According to NBC News, the former cadet, who was identified as “Jane Doe” in court documents, originally alleged that she was raped during her second year at the academy in 2010 while on a walk with a fellow male cadet.

After filing suit against two West Point administrators, a lower court tossed her case, citing a 1950 SCOTUS ruling, known as Feres v United States, which ruled that U.S. military members can’t file a lawsuit “incident to” their military service.

Justice Thomas took issue with the rejection of hearing her case, adding that the 1950 ruling was wrongly decided, given that federal law only rules out suing over injury claims that resulted from wartime “combat activities.” Obviously, her alleged rape incident took place during her military service, but not during a combat activity.

Thomas pointed to a clear example of why he believes the ruling needs to be updated, writing that if “two Pentagon employees, one civilian and one a service member, 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 claims on the merits.”

The original 1950 ruling has been criticized by members of the high court of both political stripes, including criticism from the late Justice Ruth Bader Ginsburg and the late Justice Antonin Scalia.

In the case of Jane Doe’s incident, a group of law professors strongly urged the high court to hear the case, citing the fact that she wasn’t engaged in combat nor was she even under contract for military service, adding that her only connection to the military at that point was her enrollment at West Point.

“Yet under Feres, that alone was enough to make her rape incident to military service,” the professors argued.

 
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38 Responses

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  3. This is what 50+ years of CCP infiltration has done to our institutions.
    TAKE DOWN THE CCP !!!

  4. Unless there is a “logical explanation” forthcoming, from the entire SCOTUS, over their actions, since November, 2020, then it would appear they, for the most part, have turned into a bunch of gutless ninnies. The majority of them need to be impeached for “failure to serve”, their law licenses revoked and sent away in shame.

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  7. There is a reason why the Democrats want to pack the Supreme Court. It’s NOT good!! Look at what they are allowing in the Democratic run states!! DO NOT vote Democrat!!!!!

  8. Rape is a terrible crime; one that, many women never get over. I would like to add that men can also be raped; it doesn’t happen as often as women, but it does happen.
    NO ONE should be allowed to get away with rape…I don’t care who you are, where you work, or if you’re in the military.
    It has to end.

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  12. It would appear that no one wants to “rock the boat”. We are SUPPOSED to be a Nation of Laws — apparently we are a Nation WITHOUT laws :^(

  13. Until graduation Army, Navy and Air Force Cadets are not yet commissioned into whichever branch they’re going to. They are STUDENTS. Held to the standards of Officers, but not yet Officers. In the Military, but not fully in the Military, as certain privileges accorded to Commissioned officer’s are denied to them until fully commissioned. So Feres shouldn’t apply.
    Feres was a poor judgement on the then SCOTUS’s part, and refusing to hear this case is poor judgement on the Roberts Court’s part.

  14. The low life P.O.S. supreme cowards lead by John Chicken Skick Roberts has got to be lowest form of DO DO on this planet even lower than whale DO DO and that in the bottom of the ocean and thats a fact.!!!!!

  15. The Supreme Court is scared to death of the democrat liberals, except for a few. SHAME on them for not doing their jobs.

  16. Why are these people paid? Cowards! They do not uphold law and justice and they’re on the “high” court in the land? If they have no courage of their convictions, they should not be able to retain their seat! Obviously, they work only for the Party of Destruction of America! They are instead, advocating for all the lawlessness that abounds!

    1. They follow the law as it’s written. It was a 1950 law, when times were different. The Judge stated it needs to be changed. The Supreme Court does not make the laws, and shouldn’t.

    2. You covered every point regarding this rancid corrupt court now in place. They are cowards that are just another wing of Congress and the Oval Office. The newest three members are leftist just like all of the other members except Alito and Thomas. These two men believe in the Constitution and rule of law most of the time. The others are no more than political hacks. This Court needs to be dissolved now, they serve no purpose other than support the political agenda of the left.

  17. Flavia Sollecito needs to apologize to Justice Thomas.
    He was defending the plaintiff.
    GdeC

  18. RAPE IS RAPE NO MATTER WHERE THE ACT TOOK PLACE! MILITARY, MILITARY SCHOOLS, ALL SCHOOLS, WORK PLACES ETC! I AM VERY DISAPPOINTED IN JUSTICE TOMAS!!!!!

    1. Why are you disappointed in Justice Thomas, he was the one who thought they were wrong not to hear the case.

  19. This is just another reason why the demonrats want to pack the court, so that nothing gets done unless it’s leftist’s agenda…thank God for Justice Thomas, seems the only one with common sense!

  20. The Supreme Court have turned into a bunch of cowards who refuse to take on any political decisions. That’s why they are there. Thanks for nothing Supremes. You’re afraid of doing your job because of the consequences of the mob.

      1. The subject is very serious and I don’t want to sound insensitive but I don’t have an opinion on the matter.

        I just wanted to thank you for providing the opportunity to comment on your articles. I feel more and more isolated with covid and with just about every news agency (Yahoo, CNN, MSNBC, NYT’s, to name a few) removing the comment/response option on their articles.

        1. Rape is always serious. Considering she was just in military school and not actually in the military this was a bad call. Had she been “in service” JAG would have taken on the case, but now she has no recourse. Shame on our supreme court.

          1. Since West point is a college, not a part of the military, it should have heard her case.

    1. Hey Jesse, I have referred to the Supreme Court as the (not so Supreme Court) since they refused to hear the case on Voter Fraud during the 2020 election. This was extremely critical (maybe the biggest case in the past 100 years) and they choose to avoid it. However, They have no problem taking small insignificant cases. I hold them totally responsible for the destruction occurring in our Country today. There are too many PC Justices and not enough Constitutionalists on the bench. Chief Justice Robert’s is the biggest offender.

      1. AMEN THAT’S THE WAY ALL JUDGES ARE GETTING WHEN YOU GET A DRUG AFENDER ARRESTED AND A COUPLE OF WEEKS THERE ON THE STREETS AGAIN GETTING REARRESTED NO WOUNDER THE POLICE ARE SO FRUSTRATED. JUDGES SHOULD DO THE JOB THEY GET PAID FOR. “.GOD” HELP US

      2. In all of these yrs., a U.S. election has never been accused of being a fraud and no election was ever declared to be stolen. Trump was afraid he would lose, so he started talking against the election months before it took place. There is no way that 70 million + ballots could have been tossed or not counted. Stop looking like you will believe anything, regardless of how unrealistic it sounds.

    2. You are right, they seem to be sitting in their hands and letting the democrats do as they’ve been doing with their corruption activities. One would think that the fraudulent voting would show them. just where the democrats are taking our country by DESTROYING OUR CONSTITUTION, and the Supreme not following the oaths they took in protecting it.

  21. Lt. Rob Polans Spec & Intel Ops. Ret? Not PC. nor woke, so if I offend you, cancel my account! says:

    If anybody would know, I’d think Justice Thomas would.

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