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.