Supreme Court Turns Down Opportunity to Reconsider Three More Precedents
Yesterday’s Supreme Court order list produced five dissents from the denial of certiorari. In three of those cases, the justices diseenting from the denial wanted the Court to accept certiorari so that the justices could reconsider, if not overturn, prior Court precedent.
- In Clendening v. United States, Justice Thomas dissented because he believes the Court should overrule Feres v. United States, a 1950 case in which the Court held that military personnel cannot sue the United States for any injury “incident to military service,” even though the Federal Tort Claims Act (FTCA) does not preclude such suits. Wrote Thomas: “Congress set out a comprehensive scheme waiving sovereign immunity that we have disregarded in the military context for nearly 75 years. Because we caused this chaos, i
Article from Reason.com