Thomas dissents in military rape case, says Supreme Court should allow military members to sue government
Fox News
Justice Clarence Thomas on Monday dissented from the Supreme Court's decision not to hear the case of a West Point cadet who says she was raped and wants to sue the federal government alleging it didn't do enough to prevent sexual assault on campus.
Doe's appeal to the Supreme Court failed when the court refused to take up her case Monday. But Thomas disagreed with his colleagues, writing that the 1950 case was wrong and that the court should have taken up the case and overturned it, allowing the woman's claim to proceed. Thomas said the law's small "carve out for military-related claims: those 'arising out of... combatant activities... during a time of war,'" was clearly not meant to apply to a situation like a sexual assault at a military academy.
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