From the San Francisco Chronicle:
Claims of systematic delays and neglect in mental health care for the nation’s military veterans are beyond the power of courts to address, a federal appeals court in San Francisco ruled Monday in ordering dismissal of a 5-year-old suit by veterans groups.
At a trial in 2008, Department of Veterans Affairs documents showed that the system took an average of 4.4 years to review veterans’ health care claims, that more than 1,400 veterans who had been denied coverage died in one six-month period while their appeals were pending, and that 18 veterans per day were committing suicide, much higher than the rate among the general population.
Declaring that “the VA’s unchecked incompetence has gone on long enough,” a panel of the Ninth U.S. Circuit Court of Appeals ruled 2-1 a year ago that vets groups could ask a federal judge to order changes in the system.But at the Obama administration’s request, the full appeals court granted a new hearing before a larger panel, which ruled Monday that courts lack authority to order system-wide changes in veterans’ health care.
It appears this decision cuts two ways: One, it hurts vets needing VA. But, on the other hand, it appears to be some recognition that the Judicial Branch does not have the kind of sweeping remedial powers that it has exercised, beginning with its utter expansion of power in the 60’s with desegregation orders that took over entire school districts, taxing powers, busing, etc.
It is evidence that Congress and White House must act.
Evidence that veterans are needed in both branches.
And proof that if you really want government controlled medical care in the U.S. under Obamacare, just take a hard look at the VA and the scathing indictment of it in these decisions. Its good care — if you can get it, which, as these decisions make clear, is very difficult.
The extremely important 10-1 en banc decision of the 9th Circuit Court of Appeals overturning the prior victory of, and dismissing the lawsuit of , the Veterans For Common Sense and Veterans United For Truth in their lawsuit against the Veterans Administration for long delays, neglect, and incompetence in providing necessary mental health care to veterans.
The Chronicle link aboveincludes a link to the 9th Circuit’s full opinion in Veterans For Common Sense, Veterans United For Truth –vs- Eric K. Sinseki, Secretary of Veterans Affairs, et al., Case No. 08-16728, filed May 7, 2012.
The 52-page en banc opinion essentially held that Congress has established a remedial scheme involving special tribunals which precludes the courts from jurisdiction over claims against VA policies and practices. Congress and the Executive Branch have the responsibility for such policies, practices, claims and remedies, not the Judicial Branch.
Gordon P. Erspamer of Morrison & Foerster, LLP, attorneys for plaintiff veterans organizations, said review would be sought in the Supreme Court.
While that litigative effort is made, I respectively suggest that if any veteran or other patriot needed evidence that more veterans are needed in Congress and the Executive Branch — or that the Combat Veterans For Congress and its endorsed veterans for Congress deserve strong support — this decision should be it: Congress and the White House must act. (www.CombatVeteransForCongress.org).
Rees Lloyd is a civil rights attorney and a veterans activist.
Rees Lloyd is a civil rights attorney and a veterans activist.
Tell ’em where you saw it. Http://www.victoriataft.com