Should the Feres doctrine be limited and not bar tort claims brought by service members alleging medical malpractice where the service member was under no military orders, not engaged in any military mission, and whose military status was retroactively altered from inactive to active duty post medical malpractice?

QUESTIONS PRESENTED In 1946, Congress enacted the FTCA waiving sovereign immunity and authorizing tort claims against the federal government. Yet, for nearly 75 years, the courthouse doors have been closed to tortiously injured military service members and their families—a harsh consequence of the judge-made rule that is Feres v. United States, 340 U.S. 135 (1950), and its progeny. As Justice Scalia wrote in his salient U.S. v. Johnson dissent, “Feres was wrongly decided and heartily deserves the ‘widespread, almost universal criticism’ it has received.” 481 U.S. 681, 700 (1987). Feres, having evolved with unbridled fortitude for decades, hardly resembles its former self, with the federal circuits split on the doctrine’s applicability, scope, and rationales. Petitioners’ case represents yet another chilling example of the breadth and injustice of Feres, where an inactive duty service member, under no military orders and on no military mission, and whose status was retroactively altered from inactive to active duty post medical malpractice, is summarily precluded from bringing his congressionally authorized FTCA claims in a civil court of law. The questions presented are: 1. Should the Feres doctrine be limited and not bar tort claims brought by service members alleging medical malpractice where the service member was under no military orders, not engaged in any military mission, and whose military status was retroactively altered from inactive to active duty post medical malpractice? ia 2. Does the Feres doctrine conflict with the plain language of the Federal Tort Claims Act and should it be clarified, limited, or overruled? RELATED CASES ¢ Carter v. U.S., No. 1-21-ev-1315, U.S. District Court for the District of Maryland. Judgment entered May 24, 2022. * Carter v. U.S., No. 22-1703, U.S. Court of Appeals for the Fourth Circuit. Judgment entered Mar. 7, 2024.