Det danske Fredsakademi
Kronologi over fredssagen og international politik 2. Mars 2011 / Time Line March 2, 2011
Version 3.503/02/2011
Supreme Court Decisions Affect Service Members, Vets
By Jim Garamone
American Forces Press Service
WASHINGTON, March 2, 2011 - The U.S. Supreme Court has issued three
decisions with military connections over the last two days.
In what may be the most contentious of the cases, the court ruled
that members of a Westboro, Kan., church have the right to picket
at funerals for service members killed in action.
Yesterday, the court reversed a lower court decision and decided a
reservist had been the victim of bias due to his military service.
Also yesterday, the court ruled that Veterans Affairs Department
deadlines for veterans applying for benefits do not have
"jurisdictional consequences."
In the first case, Albert Snyder, the father of Marine Corps Lance
Cpl. Matthew Snyder, who was killed in Iraq, sued the Westboro
Baptist Church for picketing his son's funeral. A jury found the
Westboro group -- which says it conducts the protests because God
hates the United States for its tolerance of homosexuality --
liable for inflicting emotional distress on the Snyder family,
intrusion upon seclusion and civil conspiracy.
The Supreme Court voted 8-1 to reverse the lower court ruling,
saying the Constitution's First Amendment shields the group. The
First Amendment states, "Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or
the right of the people peaceably to assemble, and to petition the
Government for a redress of grievances."
In one of yesterday's decisions, the court ruled in favor of Army
reservist Vincent Staub, who was fired in 2004 from his civilian
position as an angiography technician at Proctor Hospital in
Peoria, Ill., because of his military obligations.
Staub sued the hospital under the Uniformed Services Employment and
Reemployment Rights Act of 1994, which forbids employers from
denying employment, re-employment, retention in employment,
promotion or any benefit of employment based on a reservist's
military obligations. A jury found the hospital liable, but the 7th
Circuit Court reversed the decision.
The Supreme Court reversed the reversal yesterday, holding that if
a supervisor motivated by antimilitary hostility performs an act
intended to cause an adverse employment action, the employer is
liable under the law.
In yesterday's other decision, the court found that the deadline
set up by the VA Department for filing supplemental disability
benefits does not have jurisdictional consequence. The case --
brought by David Henderson, who since has died -- hinged on
Henderson missing a 120-day deadline by 15 days. The court found
for veterans, saying Congress regarded the deadline as a
claim-processing rule.
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