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The court missed the opportunity to overturn one of its most infamous, indefensible doctrines. Created more than 70 years ago, the Feres Doctrine has victimized hundreds of thousands of service members and their families. The court’s failure should now put pressure on Congress to finally act to end the tragic legacy of the
Feres decision.
I have been a vocal critic of
Feres for decades and wrote a three-part study of the military legal system 20 years ago that detailed how this doctrine began in 1950 with a clearly erroneous reading of the Federal Tort Claims Act (FTCA). The doctrine is named after Army Lt. Rudolph Feres, who died in a fire allegedly caused by an unsafe heating system in his New York barracks. It was one of three cases combined for review by the court, including a soldier who sued after an Army doctor left a 30-by-18-inch towel (marked as “Medical Department U.S. Army” property) inside him.
Batting for free flow of dialogue in courts, the Supreme Court Monday said it would neither restrain the media from reporting oral observations made during proceedings in public interest, nor demoralise high courts - vital pillars of democracy - by asking them to refrain from raising questions. The apex court said however that it s order would take into account Election Commission s submission that wanton charges levelled against it by the Madras High Court were unwarranted and would try to strike a balance between two Constitutional bodies. It termed as too far-fetched the poll panel s plea of restraining media from reporting remarks made in court proceedings.
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