OPINION: Veterans fought for justice abroad — we deserve it at home

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Mike Doyle
Mike Doyle

As a U.S. Air Force veteran who served in the first Gulf War and a trial attorney in New Mexico, I’ve fought two kinds of battles — one wearing a uniform and one in a courtroom. The first taught me discipline and sacrifice. The second has shown me how easily justice slips away from the very people who risked everything to defend it. Both careers have called to me — I’ve always fought for what’s right and to protect and defend people.

The recent study from the Center for Justice & Democracy, “The Costs and Legal Obstacles Facing America’s Service Members and Veterans,” puts into data what many of us in the legal community already know: Service members and veterans face staggering barriers when they try to assert their basic rights. Whether it’s medical negligence, toxic exposure, sexual assault or predatory financial schemes, too many of our nation’s defenders come home only to face new battles — against systems designed to deny them recourse.

The study highlights the legal roadblocks that make these injustices possible. Chief among them is the Feres doctrine — a 1950 Supreme Court decision that bars active-duty service members from suing the federal government for injuries “incident to service.” That phrase has become a legal brick wall, shielding the government from accountability even in cases of gross negligence or medical malpractice. If a civilian patient suffers from a botched surgery, they can sue. If a soldier suffers the same fate, they’re told it’s “part of service.” That isn’t patriotism — it’s institutional abandonment.

Then there’s forced arbitration, a private system quietly built into countless consumer, employment and housing contracts. It strips away a veteran’s right to a public trial, forcing disputes into secret proceedings that overwhelmingly favor corporations. For those who fought to defend the Constitution, being denied their day in court feels like a betrayal of the very rights we swore to protect.

Add to that the crushing bureaucracy that governs veterans’ benefits and the shortage of legal aid for those trying to navigate it. According to the center’s report, legal problems are among the top unmet needs of veterans nationwide. Issues like eviction, denied benefits and consumer scams aren’t “minor” — they’re destabilizing forces that can lead to homelessness, poverty and despair. In a state like New Mexico, where we pride ourselves on community and service, that should outrage us all.

So, what can we do?

First, Congress must finally reform the Feres doctrine. Accountability strengthens, not weakens, our military. Service members deserve the same legal protections as every other American.

Second, we need to expand funding for veterans’ legal services. Civil legal aid programs, medical-legal partnerships and pro-bono clinics have been lifelines for those who would otherwise fall through the cracks. They should be supported and expanded — not left to scrape by on donations.

Third, we must end forced arbitration for service members and veterans. No corporation should be allowed to profit from denying a veteran their constitutional right to a jury trial. Finally, state and local governments — including ours here in New Mexico — can lead by example. We can fund legal clinics, strengthen consumer protection laws and ensure veterans’ housing and employment rights are actively enforced. Gratitude alone doesn’t pay rent or secure justice. Action does.

Every veteran knows that service doesn’t end when you take off the uniform. It continues in how you live, how you advocate and how you stand up for others. That’s why I’m speaking out — because justice for those who served isn’t charity, it’s a debt owed.

When America sends young men and women to war, we promise they’ll come home to a country that honors their sacrifice. That promise must mean more than a folded flag or a parade. It must mean access to the same justice we fought to defend. As both a veteran and a trial attorney, I know this truth: A nation that denies accountability to its defenders is a nation that has forgotten what it stands for. It’s time to remember.

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