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Adding his voice to a growing chorus, a federal appellate judge is urging the U.S. Supreme Court to revisit a 1950 decision that effectively bars all damage suits by members of the military against another member of the military — even sexual harassment and retaliation claims.

“The doctrine of intramilitary immunity remains ripe for reconsideration by the Supreme Court in light of the questionable foundation upon which it stands,” 3rd Circuit Judge D. Brooks Smith wrote in his concurring opinion in Matreale v. State of New Jersey Dept. of Military & Veterans Affairs.

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