Justice Thomas Chastises Court for Not Taking Military Rape Case

The Supreme Court had the opportunity to take on a landmark rape case, but it has declined to do so.  

The decision was unanimous save one justice, Justice Clarence Thomas.  

Thomas, in turn, issued a scathing defense in calling out what many perceive to be a wrong that should have been long ago corrected.  

Take the Case 

Currently, women in the military who are raped are not entitled to sue the government due to a precedent that was set roughly 70 years ago.  

The majority used a 1950 precedent to decline “Jane Doe” her right to sue the government as a military member who had been raped.  

The precedent cited the Federal Tort Claims Act.  

Eight of the nine justices agreed with the precedent, but Thomas did not and wrote the dissent for the case.  

Thomas took the approach that the precedent was only a small part of the picture and clearly did not reflect sexual assault cases taking place at a military academy.  

Thomas maintains that the precedent set in the Feres v. United States was wrong, period.  

He stated, “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. 

“Nothing in the text of the Act requires this disparate treatment.” 

Thomas continued, “Perhaps the Court is hesitant to take up this issue at all because it would require fiddling with a 70-year-old precedent that is demonstrably wrong. 

“But if the Feres doctrine is so wrong that we cannot figure out how to rein it in, then the better answer is to bid it farewell.” 

The problem has gotten so bad, in fact, that a bipartisan cast of all-star Senators has backed legislation to address the issue.  

Among those supporting a change in how the military addresses these cases are Senators Ted Cruz (R-TX), Chuck Grassley (R-IW), Kirsten Gillibrand (D-N.Y.), Mark Kelly (D-AZ), and Richard Blumenthal (D-CT).  

Gillibrand stated, “Sexual assault in our military is an epidemic and it’s clear that the current system is not working for survivors.  

“Despite repeated efforts to protect our women and men in uniform rates of harassment and assault continue to rise while prosecutions decline.” 

Senator Joni Ernst (R-IO), a combat commander and a victim of sexual assault, also made a statement on the matter… 

I cannot help but think of the movie “The General’s Daughter” as an example of the lengths to which the military will go to cover up sexual assault cases.  

This is clearly a problem that must be dealt with and since the court is kicking the can down the road, it will now be up to our legislators to get it right.  

Source: Fox News 

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22 Responses

    1. Have you just figured out that all the SCJ’s are a bunch to wimps? They’ve all shown their preferences of do nothing and kick it back to the lower courts or dismiss it entirely. Yet they’ll allow all infringements on our constitutional rights.

      1. Knowing these cases are difficult at best to prove; I believe we owe all of our military the right and support of due process. The victims are our soldiers, sailors, marines and airmen.
        Volunteers all promised to defend our constitution, our country and our prosperity.
        Don’t they deserve the right to be heard, given every doubt and the due process of our laws and constitutional rights.
        Once again and not to my surprise Justice Thomas Stands For the little heard and often neglected group of “We the People” and I salute you Justice Thomas. Shame on the others
        These women and men don’t deserve to be neglected or forgotten as Our P.O.W’s and M.I.A’s were.

        1. I agree and I think it is true of practically all government agencies today. I no longer trust any government agency not under the control of President Trump and presently, that is none!!

        2. Very well said. Why are we paying Supreme Court Justices who are nor doing the job they are elected to do, make the really hard decisions. They are not working for the PEOPLE. The men a d women of are armed services need to be protected and served under our Constitution also

  1. They all need to grow a set and do what is right for the service members even if it means pissing somebody off. I’m sure 70 years ago they didn’t have quite the problem they do do now. It would all be different if this happened to one of their family members. I’ll bet the tune would change rather quickly.

    1. You hit the nail on the head but, few and far between will any of their sons and daughters be enlisted in the military, there are few in the government that are truly fighting for this Great Country. #VOTETRUEREPUBLICAN #NORINOS

  2. I think our members of the Supreme Court in future can not hold any viewpoint other than in the line of the
    Constitution. We have too many Left leaning and out right bought and paid for leftist on the court now.
    There are several I believe are owned by the Democrats which means we will never get actual justice until
    they are gone. Roberts is the main one. He is not longer viable judge but a paid lackey of the Left.

  3. Agree with all posts! Judge Thomas is a true Jurist. The rest are limp wristed cowards, afraid to make waves against the left democommies! Where is our justice in matters such as this? They need to step up and do the right thing! Roberts is a leftist puppet, he needs to be removed, make Thomas the Chief Justice!

  4. This supreme court other than Justice Thomas is a total disgrace to this country. The only thing they do is collect a pay check. They all need to be dismissed as a lot of no good judges that have gone bad. I bet if miss fancy pants they just put on the court got raped she would change her mind or any of the sorry women on there.

  5. The Demos have scared these Judges so bad…they have been told there familys would be hurt…come on we all know this…! it’s what the Demos do…Do as I say or your Dead…!!

  6. All of the Supreme Court Justices should be held legally accountable for their decisions if they do not adhere to their oath which is to follow the U.S. Constitution. A perfect example is the Supreme Court Justices did not evaluate the Fraudulent election throughout the entire U.S.A.. They did not adhere to the U.S. Constitution on that specific matter. Therefore I feel they should be impeached and removed from their positions for non compliance of their oath!

    1. I completely agree ….the SUPREME COURT is a JOKE…something for a few people to DO besides sit at home and fumble in a garden…what are they being paid for???? to read comics or try to find something bad about each other??? Don’t even get me started on this ‘SUPREME COURT’ AND JUSTICE ROBERTS WHO IS NOTHING BUT A “WILL DO” FOR THE DEMOCRATS!!! GUESS someone has him by the gonads. To deny to see or explore the possibilities that this last election was FRAUD and stolen by that weasel in the WH is to make idiots out of all the people who voted. Soros even put on line how he had the “voting machines” adjusted to have Biden win and yet the Supreme Court who probably knew ahead of time the outcome of the election and denied POTUS TRUMP his day in court. Hope you all (Justice Thomas excluded) BURN IN HELL!!!

  7. The jr. Members are skirting Justice Roberts. Too bad they don’t have a backbone their own.
    That’s the real problem.

  8. Were there any charges/convictions against the “rapist”? Were there any previous charges/convictions against prior “rapists”? Were there any changes made to “prevent future attacks? Unless, all three answers to these question is “No”, then, I believe the other eight got this one correct. Public, or private, organization should not be liable for actions of employees, that are not directly related to their job. Unless of course, the organization does something to encourage the action.

  9. What is the actual purpose of the Supreme Court? I would like to know and if and how these justices are doing according to their duty. Could someone enlighten me. I guess someone took off the blindfolds of our current justices. (that would probably be the lying deceitful left.)

  10. I applaud Justice Thomas’ stance on the SUPREME COURT unwilling to take on the case of a Military Member being Raped. Justice John Roberts should have stepped up and taken on the correction that needs to be addressed in the Constitution of RAPE cases in the military. It’s a shame Roberts is not a “man among men”…..
    Unlike the Catholic Church who has finally condemned the actions of Pelosi and Biden (both Catholics) of excommunication if they continue to support abortions….why don’t we have a Military Person stand up and be counted as a MAN or WOMAN of conscience…..and STOP RAPES within the ranks!!!??? WHAT will it take to get this done ???

  11. Its too bad it takes a court to teach men how to treat women, it should be respect for women, taught in the home. If you have to rape a woman you are a very pitiful little man.

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