Judge Samuel Conti rules in support of veterans

I Heart Judge Samuel Conti and Our Veterans
YES! Finally, we have a common sense jurist who believes that the Judicial Branch serves the pursuit of justice.
From writer Bob Egelko and the San Francisco Chronicle:
“U.S. District Judge Samuel Conti, a conservative jurist and a World War II veteran, rejected Bush administration arguments that civil courts have no authority over the Department of Veterans Affairs’ medical decisions or how it handles grievances and claims. ”

In seeking dismissal of the suit, the Justice Department argued that Congress had barred federal courts from hearing complaints about the VA system when it established a special Court of Appeals for Veteran Claims in 1988 to review grievances over treatment and benefits. But Conti said the special court can examine only individual cases and has no power to consider “systematic, constitutional challenges.” He said those belong in regular courts.

Conti also said the VA system, originally intended as an informal procedure to help veterans resolve their claims, has morphed into an adversarial process in which claimants have to comply with formal legal rules, often without a lawyer.

“It is within the court’s power to insist that veterans be granted a level of due process that is commensurate with the adjudication procedures with which they are confronted,” Conti said.

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