[20190605]LSB10305_Feres原则：国会、法院和军人对美国的诉讼.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i The Feres Doctrine: Congress, the Courts, and Military Servicemember Lawsuits Against the United States June 5, 2019 The Supreme Courts 1950 decision in Feres v. United States generally bars active-duty servicemembers from pursuing tort lawsuits against the United States for injuries that arise out of military service. Although some Members of Congress, judges, and scholars have criticized Feres, the Supreme Court has on multiple occasions declined requests to abrogate or modify the doctrine. Most recently, on May 20, 2019, the Supreme Court declined to take up the case of Daniel v. United States, in which the petitioner asked the Court to partially overrule Feres and thereby allow him to pursue a medical malpractice lawsuit against the federal government. This Sidebar analyzes Feres, the legal issues surrounding the doctrine, and what the Courts most recent decision not to revisit the doctrine may mean for Congress. The Federal Tort Claims Act and the Feres Doctrine Under ordinary circumstances, a plaintiff injured by a defendants wrongful conduct may file a tort lawsuit to attempt to r