Questions Presented: (1) Does the Federal Tort Claims Act allow children of active-duty mothers to bring birth-injury claims against the federal government as the Fourth, Eighth, and Eleventh Circuits have held, or should the Feres v. United States, 340 U.S. 135 (1950) doctrine be expanded to bar a child’s birth-injury claim when government negligence injures the child of an active-duty mother, as the Tenth Circuit has held? (2) Does treating birth-injury claims of the children of active-duty military mothers differently than the children of active-duty military fathers constitute unconstitutional gender discrimination?
