This episode discusses excerpts from the Supreme Court of the United States case Martin v. United States, decided on June 12, 2025. This case addresses the Federal Tort Claims Act (FTCA), specifically focusing on two key aspects: the law enforcement proviso within §2680(h) and the Supremacy Clause as a potential defense for the government. The Court unanimously held that the law enforcement proviso only overrides the intentional-tort exception within the same subsection and does not apply to other exceptions, such as the discretionary-function exception. Furthermore, the Court concluded that the Supremacy Clause does not provide a defense for the United States in FTCA suits, asserting that the FTCA itself is the "supreme" federal law governing the government's tort liability under state law. The case was vacated and remanded for reconsideration consistent with these findings, with a concurring opinion highlighting the need for further clarity on the discretionary-function exception's scope, especially in cases of police misconduct.
