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Justice Thomas acts as lone advocate for fmr. West Point cadet’s right to sue over rape allegations
After the Supreme Court decided not to hear the case of a former West Point cadet who wants to sue the federal government for her alleged rape on the campus, Justice Clarence Thomas wrote a dissenting opinion. Thomas, who faced past allegations of sexual assault himself, called out his colleagues on the Court Monday.
Thomas said that if the Court had taken up the case Jane Doe v. United States, they would have had the chance to “clarify the scope of the immunity we have created.”
First came the Feres v. United States case in 1950, which set a precedent that members of the military could not sue the government. It went against the Federal Torts Claim Act, which means that the government can be sued in place of individuals, especially military members, that act in the name of the United States. Because this act protects Jane Doe, by not hearing her case, the Court sets the precedent that she cannot also use it to her advantage.
But Thomas pointed out that the 1950 ruling came from a suit that happened in a time of war. He believes the precedent cannot be applied to time spent at a military academy.
“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,” Thomas wrote. “Nothing in the text of the Act requires this disparate treatment.”
The longest-serving justice challenged his colleagues in his dissent. “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,” Thomas wrote. “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.”
In a recent development, the Tate brothers, Andrew and Tristan, along with two associates, find themselves at the center of a high-profile case involving human trafficking allegations.
The charges leveled against them indicate the formation of an organized criminal group in 2021 with the intent to carry out human trafficking operations not only in Romania but also in the United States and the United Kingdom, according to the BBC.
The investigation, which led to their arrest in December last year, has culminated in an indictment filed with the Bucharest court. According to the indictment, the Tate brothers are accused of luring their victims with false promises of love and marriage. Seven individuals have been identified as alleged victims, who were later coerced and subjected to a harrowing ordeal.
Prosecutors contend that the victims were taken to locations in Ilfov county, Romania, where they faced constant surveillance, intimidation, and control. The defendants allegedly forced the victims into debt and coerced them into participating in pornographic activities, with the explicit material subsequently shared on social media platforms. Shockingly, one of the defendants is accused of raping a woman on two occasions in March 2022, further amplifying the gravity of the charges.
While the trial is not expected to commence immediately, as a Romanian judge is granted 60 days to inspect the case files, it is anticipated to be a protracted legal battle. The complexity of the case and the severity of the charges will undoubtedly result in a lengthy trial process, with several years potentially passing before a verdict is reached.
Representatives for the Tate brothers released a statement acknowledging the unsurprising nature of the news but maintaining their belief in their innocence.
As reported by the BBC, the Tate brothers media team stared, “While this news is undoubtedly predictable, we embrace the opportunity it presents to demonstrate their innocence and vindicate their reputation.”
They expressed their eagerness to present a comprehensive body of evidence meticulously collected over time, which they believe will substantiate their claims of innocence and restore their tarnished reputation.
However, it should be noted that additional charges, such as money laundering and trafficking of minors, are still under investigation. If evidence is uncovered to support these allegations, a separate indictment could be filed, further complicating the legal proceedings for the defendants.
Andrew Tate, who gained notoriety through his participation in the reality television show Big Brother, has a controversial past, having been removed from the show in 2016 following a video that appeared to depict him assaulting a woman.
Despite subsequent bans on social media platforms due to his contentious statements, he has managed to amass a following, particularly among young men, by promoting an ostentatious and hyper-masculine lifestyle.
As the case unfolds, public attention will undoubtedly be drawn to the trial, with many eagerly awaiting the outcome and hoping for justice to be served for the alleged victims. The complex web of charges and the high-profile nature of the defendants ensure that this trial will be closely monitored and scrutinized by the media and the public alike.
Follow Alexander Carter on Twitter @AlexCarterDC for more!
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