Supreme Court of the United States · Official docket →
Ryan G. Carter, et al. v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-1703 · judgment March 7, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question 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?
Counsel of record
For petitioner
Christopher Thomas Casciano
Brown & Barron, LLC
For respondent
Sarah M. Harris
Acting Solicitor General
Case
Conference history
Distributed for 7 conferences
Amicus briefs
3 cert-stage
Argument & decision
Decided February 24, 2025.
Proceedings
- Feb 24 2025Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion)
- Feb 14 2025DISTRIBUTED for Conference of 2/21/2025.
- Jan 21 2025DISTRIBUTED for Conference of 1/24/2025.
- Jan 13 2025DISTRIBUTED for Conference of 1/17/2025.
- Jan 06 2025DISTRIBUTED for Conference of 1/10/2025.
- Dec 09 2024DISTRIBUTED for Conference of 12/13/2024.
- Dec 02 2024Reply of petitioners Ryan Carter, et al. filed. (Distributed)
- Nov 13 2024DISTRIBUTED for Conference of 12/6/2024.
- Oct 30 2024Brief of respondent United States in opposition filed.
- Sep 27 2024Motion to extend the time to file a response is granted and the time is further extended to and including October 30, 2024.
- Sep 26 2024Motion to extend the time to file a response from September 30, 2024 to October 30, 2024, submitted to The Clerk.
- Aug 29 2024Brief amici curiae of Whistleblower Law Firm, Khawam Ripka, LLC, et al. filed.
- Aug 29 2024Brief amici curiae of Coalition of Heroes, et al. filed.
- Aug 02 2024Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2024.
- Aug 01 2024Motion to extend the time to file a response from August 29, 2024 to September 30, 2024, submitted to The Clerk.
- Jul 30 2024Response Requested. (Due August 29, 2024)
- Jul 17 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 08 2024Waiver of right of respondent United States to respond filed.
- Jun 28 2024Brief amici curiae of National Veterans Legal Services Program and Save Our Servicemembers filed.
- Jun 05 2024Petition for a writ of certiorari filed. (Response due July 8, 2024)