The Carmelo Rodriguez Military Medical Accountability Act of 2008, H.R.6093

Bill would ensure soldiers and their families the same medical malpractice rights as civilians

The Carmelo Rodriguez Military Medical Accountability Act of 2008, recently introduced by Congressman Maurice Hinchey (D-NY), amends the Federal Tort Claims Act (FTCA) to allow members of the armed forces to bring medical malpractice claims against the United States Military.  This bill, which partially overturns the 50-year-old Supreme Court decision in Feres v. United States exempting the military from such claims, would ensure soldiers and their families the same rights as the rest of us when it comes to medical malpractice. 

Under Feres, the Government is not liable under the FTCA for injuries sustained by active duty military personnel that result from the negligence of other members of the armed forces.  The FTCA allows citizens to sue the United States for civil injuries committed by persons acting on behalf of the government if under similar circumstances a private person would be liable for the injury.  The Feres Doctrine is an exception to this general rule, under which military personnel are unjustly denied the same access to the courts as other aggrieved citizens.  Indeed, one absurdity of the Feres Doctrine is that while it prohibits active duty military personnel (or their next of kin) from bringing medical malpractice claims or wrongful death claims against negligent military doctors, it does not prevent a soldier's spouse or child who sought medical treatment from a military doctor from bringing a claim against that doctor for negligent care.  The Court in Feres realized that an interpretation of the FTCA which excluded active duty military personnel might lead to unfair or arbitrary results and actually contradict Congressional intent.  In its opinion, the Court invited Congress to use its "ready remedy" of legislative power to correct the Court's decision.

Alliance for Justice believes that passage of The Carmelo Rodriguez Military Medical Accountability Act of 2008, which restores a soldier's right to hold military medical providers accountable for their negligence, is a long overdue response to the Court's invitation in Feres.  

Political Campaign Activity on the Internet

IRS releases memo that describes how revenue agents, when examining cases involving alleged campaign intervention by 501(c)(3) organizations, should treat Internet activities.

On July 28, 2008, Marsha Ramirez, Director, Exempt Organizations Examinations at the Internal Revenue Service (IRS), sent a memorandum to all Exempt Organizations Revenue Agents.  The memo describes how revenue agents, when examining cases involving alleged campaign intervention by 501(c)(3) organizations, should treat Internet activities.  The memorandum reiterates the directive issued on April 17, 2008 by Lois Lerner, Director, Exempt Organizations, on how they will treat certain activity in the 2008 political campaign season.  For a summary of the April 17 directive, click here.

Paul S. Diamond

United States Circuit Court – Third Circuit

On July 25, 2008, President Bush nominated Paul S. Diamond, a United States District Court Judge for the Eastern District of Pennsylvania since June 16, 2004, to the United States Court of Appeals for the Third Circuit. Prior to his confirmation as a district court judge, Judge Diamond was a Philadelphia-based litigation attorney with experience in both the private and public sector. During his 20 years of private practice, Judge Diamond maintained an active role in Republican politics and judicial selection. He served as counsel and treasurer to Senator Specter's (R-PA) presidential campaign from 1993 to 1995 and as counsel to the successful campaigns for seats on the Pennsylvania Supreme Court of Republican Justices Ronald Castille and Sandra Schultz Newman.

Film: Quiet Revolution

The film describes how an increasingly influential movement on the far right has waged a war on the Constitution.

Give Me Your 990!

A guide to help nonprofits understand their obligations under new public disclosure requirements.