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Supreme Court Refuses To Hear Veterans Case
by Edwin Crosby III
(JANUARY 17, 2013) – On January 4, 2013, the U.S. Supreme Court refused to hear an APPEAL from a lower court case, VETERANS for COMMON SENSE v. ERIC SHINSEKI.
The Court said it would not hear this case from the 9th Circuit Court of Appeals which had ruled that the 9th Circuit did NOT have jurisdiction to hear the case. The reason was 38 U.S.C. § 511, a section of law passed by Bush Sr. in 1991. This writer wrote a story about this section of law some weeks ago for VETERANS TODAY exposing this “ unconstitutional law “ which deprives veterans of the right to go into ANY Federal court for redress.
Judge Jay Bybee who wrote the opinion for the 9th Circuit said, “ VCS’s complaint sounds a plaintive cry for help, but it has been misdirected to us “. Bybee continued,
“ As much as we may wish for expeditious improvement in the way the VA handles mental health care and service related disability compensation, we cannot exceed our jurisdiction to accomplish it “.
Bybee, trying to underscore his point, quoted Abraham Lincoln’s second inaugural address saying, “ Congress and the President are in a far better position ‘ to care for him who shall have bore the brunt of battle and for his widow and orphan ‘ “. As all veterans should know, those words from Lincoln are on the front of the V.A. building located at 810 VERMONT AVE., N.W., WASHINGTON, D.C.
The 9th Circuit also ruled that, if judicial review of veterans benefits is necessary, it should be done by the U.S. Court of Appeals for Veterans Claims and the Court of Appeals for the Federal Circuit.
An earlier lower court decision that was overturned said; “ neither Congress nor the executive has corrected the behavior that yields these constitutional issues “.
The problem here has been decades of POOR FUNDING for the V.A. by political morons who did not want to care for this nations soldiers. They wanted security, but did not want to pay the cost associated with war, or the latest police action. The solution to
Whole subject matter would be to send the RICH and their KIDS to do the fighting since they would be able to pay for the medical costs/treatments and pay disabilities monies to themselves. Lets not forget to include the sons and daughters of ALL elected officials as well.
We all hope that the other court case against the V.A. out of BOISE, IDAHO will be able to proceed without 38 U.S.C. § 511 interfering with what is tantamount to organized crime running the V.A. The walls are starting to tumble thanks to a very few Honorable men and women willing to hold the Department of Veterans Affairs criminally liable for their actions. If only those so called “ veterans service organizations “ would do their damn job this sordid matter of anti-veteran policy by the Veterans Administration would be ended.
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Short URL: http://www.veteranstoday.com/?p=237201
Posted by Edwin Crosby III on Jan 25 2013, With 0 Reads, Filed under Regional, Vet News, Veterans Affairs. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.
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You have pointed out the flaw in a judicial system when speaking of ” those unable to police themselves without oversight “. Judicial complaints are handled by, guess who, members of the BAR. After an assassination in 1963, schools dropped from their teachings, AMERICAN HISTORY, leaving 2 generations without knowing WHO they are. NEVER have SCHOOL BOARDS instituted mandatory classes in Senior high on the LAW, allowing for ONE YEAR of schooling in that field, leaving the citizens of this nation ignorant of HOW the JUDICIAL SYSTEM WORKS, and HOW to work said system. WISEMEN know you cannot have the FOX WATCH THE CHICKENS, is this a nation of dummies ????
As you are aware, there are 9 LAWYERS sitting on the U.S. Supreme Court, a Court where all 9 people are to be LAYPERSONS. Opinions from a SECRET SOCIETY are NOT in the interest of a democracy. Just ask Nazi Germany and its citizens what happens when lawyers have control, for that matter, look at Great Britian, they wore ” powered wigs ” to fool the people into believing they had WISDOM. Moreover, the framers of the US Constitution tried to LEVEL the playing field, and LEFT THE WORD LAWYER/ATTORNEY out of the Constitution, we have a way to fix this, gain control of our judicial system. Is there some RICH VETERAN out there who wants to give me the money to take a CASE INTO FEDERAL COURT regarding this Constitutional Question, plus money for paid advertising, contact me immediately !!!!!!! EHC 3
When you say a “rich Veteran” would be needed to underwrite your effort, you have actually shined a light on one of the most corrupt aspects of American Jurisprudence.
The number of decisions made by American courts against the American citizen’s best interest are too numerous to count. These especially apply to cases where enactment of law and constitutional interpretation are involved.
Yet, nearly every American of sound mind recognizes that before he dare initiate dealing with the Judicial system, he must first count the cost, in time, money, and oppressive inconvenience, that the system will bring to bear against him. …..
…….And most rational people understand that the cards are stacked against them, and that in the end, it would not be worth the price and toll on personal well being to get involved with them.
The corruption of this, is that all parties concerned understand that this leverage is inherent in the system, yet nothing is done to address it.
The Supremely stupid court is spitting in the face of ALL VETS, past, present, future, and thier families. This political B.S. MUST stop!! The Supreme Court is deaf, blind and dumb!!!
At one point the COVA court heard 13,000 case and awarded outright benefits to ONLY 13 veterans !!!!!! Of course, all those Judges were BUSH appointees. Bush makes the Secretary of Veterans Affairs, makes 38 USC § 511, which gives sole authority for everything to the Secretary of Veterans Affairs, AND, NO veteran can go into Court to resolve an issue that deals with the V.A. Therefore, the only way for a veteran to get into Court may be a FEDERAL GRAND JURY charging criminal charges against VA Employees or a section of law called 28 USC § 1331, Federal Question.
The whole appeals process in America Jurisprudence is inherently flawed IMHO. Any ruling in a lower court may be appealed, up to the SCOTUS level, however the Supremes reserve the right to choose which appeals they will hear.
Accordingly, only cases that fall within the perimeters of the prevailing agenda base will be heard.
Your conundrum will never find relief because of the jurisdictional latch-pin. Those decisions may only find redress within the Dept. of Veterans Affairs appeal process I believe, and any other “court” will defer to that jurisdiction.
I believe that The Court of Veterans appeals will be your only remedy, and if you review the statues which regulate that venue, you will undoubtedly encounter the morbid finality of their decisions.