Honoring Our Troops By Denying Them Basic Legal Protections
February 21, 2012 3:10 pm ET by David Lyle
America's military tradition provides that our service members will not leave a fallen comrade behind. Politicians are quick to invoke and associate themselves with this legacy of honorable sacrifice, and pledge that nothing is too good for our troops. In reality, though, in too many ways America's military men and women are celebrated when on the battlefield, and neglected on the homefront. The media is quick to chronicle their heroism, but slow to uncover the mistreatment they too often encounter at home, as exemplified by the notorious Walter Reed Army Medical Center scandal, which festered for years before the media and Army were finally galvanized to address the unacceptable conditions. Homeless veterans, the returned troops most in need of help, often receive little more than lip service from politicians.
There is yet another way in which our government treats America's military personnel as second-class citizens and denies them vital protections that the rest of us enjoy. Thanks to a series of misguided Supreme Court decisions and Congress' failure to fix the problem, our nation routinely leaves behind our servicemembers in their time of greatest need. For unlike other Americans, our legal system often denies active duty U.S. servicemembers the right to meaningful compensation when they suffer injuries as a result of the wrongful acts of others.
The "Feres doctrine," an obscure legal rule that the Supreme Court
created more than 50 years ago prohibits servicemembers from bringing suits against
the federal government arising from matters "incident" to their service. As
Professor Jonathan Turley of the George Washington University School of Law has
documented, no matter how egregious the wrongdoing — an Army surgeon leaving a 30-by-18-inch
towel marked "Medical Department U.S. Army" in a soldier's abdomen — or attenuated from core
military functions mdash; a civilian whitewater rafting
outfitter sending
off-duty sailors on a Navy-sponsored outing down an unsafe river —
servicemembers lack the basic right to sue their employer for compensation from
injury that other Americans enjoy. Instead they and their survivors are limited
to modest veterans' death or disability benefits no matter how grievous the
injury or monumental the wrongdoing that caused it.
Rather we leave them and
their family members behind to pick up the pieces as best they can, without
adequate compensation for themselves or accountability for the wrongdoer. This
already unacceptable situation threatens to get much worse, as in the coming
weeks a federal judge is expected to rule in a case that could greatly expand the scope of the Feres
doctrine to include injuries suffered by family members of active duty
personnel.
Americans are largely ignorant of these policies. With few exceptions, the media has left the story to specialty publications such as The Military Times and Professor Turley's blog. As a result, Congressional Republicans have been able to block efforts to fix the problem and restore fairness for military personnel. Similarly the government has faced little scrutiny for taking a position that could expand the rule's coverage and compound its injustice.













