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ARMED FORCES NEWS |
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CLASS ACTION SUIT TAKES A BIG HIT On Nov. 18, the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., ruled against a class action lawsuit on behalf of certain military retirees by a count of nine to four. The suit, filed in 1996 by retired Air Force Medal-of-Honor recipient, Col. Bud Day, alleges that the government reneged on a lifetime contract when a 1956 law was passed that changed "hospital space shall be made available" to "may be made available." The suit seeks to restore free health care for military retirees 65 and older who were on active duty before the law was passed, and their dependents. It also requests reimbursement of money that has been withheld from Social Security pay to finance Medicare Part B, as well as relief from future Medicare deductions. Day has stated previously that, if turned down by the appeals court, he will seek a hearing from the U.S. Supreme Court. CLASS ACTION COURT EXPRESSES SYMPATHY In the majority opinion rejecting the class action lawsuit, the court wrote: "We cannot readily imagine more sympathetic plaintiffs than the retired officers of the World War II and Korean War era involved in this case. They served their country for at least 20 years with the understanding that when they retired they and their dependents would receive full free health care for life . . . Federal judges have a duty to uphold theConstitution and the laws, even if that means making unpleasant or unpopular decisions. Congress, on the other hand, has the power to make law, not simply to interpret and apply it . . . Perhaps Congress will consider using its legal power to address the moral claims raised bySchism and Reinlie on their own behalf, and indirectly for other affected retirees." The dissenting opinion began with the Kipling poem: "You talk o' better food for us, an' schools, an' fires, an' all; We'll wait for extry rations if you treat us rational. Don't mess about the cook-room slops, but prove it to our face; The Widow's Uniform is not the soldier-man's disgrace. For it's Tommy this, an' Tommy that, an' Chuck him out, the brute! But it's Saviour of his country when the guns begin to shoot; An' it's Tommy this, an' Tommy that, an' anything you please; An' Tommy ain't a bloomin' fool -- you bet that Tommy sees." |
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