“I think this case is distinguishable.”
“Really? There is no question that Barbara Chance and her male superiors were in uniform, on government property and performing their official duties when the sexual episodes occurred?”
“I would hardly call coerced sex, ‘official duties.’ But nonetheless, the fact that her superior used his rank to coerce her into what amounted to a rape, and — ”
“And,” Knight cut in, seemingly unable to remain quiet, “the superior officers at the base in question and the regional command were aware these events had taken place — had been advised in writing of them, even — and had taken no action to even investigate the matter other than in a cursory fashion. It was Barbara Chance who called in the local police. They undertook an investigation which resulted in the truth coming to light. That truth clearly establishes a cause of action that would result in damages with respect to any other organization in this country.”
Fiske stared from Ramsey to Knight. It was suddenly as though, instead of nine justices, there were only two. In Fiske’s mind, the courtroom had been transformed into a boxing ring, with Ramsey the champ and Knight the talented contender, but still an underdog.
“We’re talking about the military here, Mr. Barr,” Ramsey said, but he looked at Knight. “This Court has ruled that the military is sui generis. That is the precedent you face. Your case deals with chain-of-command issues. An inferior personnel to her superior. That is just the issue that this Court has — several times in the past — addressed and unequivocally decided that it would not intrude upon the military’s presumptive immunity. That was the law yesterday, and it is the law today. Which gets me back to my original statement. For us to hold for your client, this court must reverse its position on a long and deeply followed line of precedents. That is what you are asking us to do.”
“And as I mentioned earlier, stare decisis is clearly not infallible,” Knight said, referring to the Court’s practice of adhering to and upholding its previous decisions.
Back and forth Knight and Ramsey went at it. For every salvo fired by one, there was an answer fired by the other.
The other justices, and Mr. Barr, Fiske thought, were reduced to interested spectators.
When the lawyer for the United States, James Anderson, stepped forward to deliver his argument, Knight did not even let him begin a sentence.
“Why does allowing a damage suit against the Army for condoning a hostile environment for women interfere with the chain of command?” she asked him.
“It clearly impacts negatively on the integrity of the relationship between superior and subordinate personnel,” Anderson promptly replied.
“So let me see if I understand your reasoning. By allowing the military over the years to poison, gas, maim, kill and rape its soldiers with impunity, and stripping the victims of any legal recourse, that will somehow improve the relationship, the integrity, of the military and its personnel? I’m sorry, but I’m not quite getting the connection.”
Fiske had to stop himself from laughing out loud. His respect for Knight as a lawyer and judge increased tenfold as she finished her statement. In two sentences, she had reduced the Army’s entire case to the level of absurdity. He looked over at Sara. Her gaze was trained on Knight, with, Fiske thought, a great deal of pride.
Anderson reddened slightly. “The military, as the chief justice has pointed out, is a unique, special entity. Allowing lawsuits to fly at will can only inhibit and destroy that special bond between personnel, the need for discipline that is at the very core of military preparation and readiness.”
“So the military is special?”
“Right.”
“Because it serves to defend and protect us?”
“Exactly.”
“So we have the four branches of the Armed Forces which are already covered by that immunity. Why don’t we extend this immunity to other special organizations? Like the fire department? The police department? They protect us. The Secret Service? They protect the president, arguably the most important person in the country. How about hospitals? They save our lives. Why not let hospitals be immune from suit in the event male doctors rape female personnel?”