POSTED: January 31, 2017
AMICUS CURIAE BRIEF SPONSORED BY VETERANS OF FOREIGN WAR AND OPERATION
FIRING FOR EFFECT WAS FILED YESTERDAY AT 6 PM IN THE U.S. SUPREME COURT!
the complete Amicus Curiae Brief
January 25, 2017
OFFE and the VFW teamed up to fund the type-set printing and filing
fees of the Amicus Curiae Brief posted below. The brief's primary objective
is to clarify and acquire a current up to date decision by the Supreme
Court re-enforcing the power of the Supremacy Clause (Article VI, Clause
2) within the United States Constitution. The Brief below is merely the
first step in the nationwide movement to protect veterans' disability
compensation and benefits from attachment by calculation or otherwise
and/or used as a divisible marital asset and/or assignment to any third
party as clearly described in USC Title 38 under ANY equitable or legal
process whatsoever. The question before the 9 Justices is simply; "Does
Federal law trump state law under any/all circumstances"? We can
expect the Supreme Court to argue this simple question and come to a decision
no later than June. At this point the other party has the opportunity
to file a response to this Brief. OFFE will post that document once we
have it in our possession.
Attorney at Law Carson Tucker, a former JAG Officer, is passionate about
preserving the protection of veterans' benefits and disability compensation.
This Federal protection dates back to the Revolutionary War and the founding
of this nation. Operation Firing For Effect, Inc., along with the VFW
teamed up and donated the funds needed by Attorney Tucker to professionally
print and file this brilliantly written document. Mr. Tucker has obviously
spent hundreds of hours researching the laws which support his writing
and knows the issues facing our disabled veterans in state divorce court.
Some may say; "Why do we have to clarify the Supremacy Clause, isn't
it obvious that Federal law is the law of the land." This is true;
we shouldn't have to explain the power of the Constitution. However, like
marijuana's legal use states are passing laws which violate Federal law,
so is the misuse of veteran's disability compensation being calculated
as "income" in state divorce courts for the payment of spousal
support is also a violation of Federal law. According to Attorney Tucker
a 21st century ruling by the Supreme Court will bring the interpretation
of the Supremacy Clause up to date and in turn help the national effort
to enforce Federal Law in all state divorce courts.
You are encouraged to share this document with everyone you can. Print
it out and send a copy to your Congressman and Senator. If you are a disabled
veteran going through a divorce, share it with your attorney, or if you
are representing yourself give the Judge a copy. Send a copy to your Newspaper,
TV, or talk radio station. Get the word out about this heartfelt effort
by the Grassroots veterans and their families.
If your lawyer thinks Attorney Carson Tucker could help your case, Carson is very receptive to helping any veteran protect their benefits; however, there may be a modest fee for consultation or assistance in developing a brief for your individual case. I'm certain his fee would be more than reasonable. Carson Tucker's contact information appears at the end of the Brief.
On behalf of Operation Firing For Effect, Inc. I want to thank Attorney
Carson Tucker for his work to help our veterans. We are Honored and Proud
to be a small part of this incredible Amicus Curiae Brief. We would also
like to thank the VFW for supporting this effort.
OFFE has been leader in the nationwide to protect veterans' disability
compensation and benefits from third party attachment under ANY circumstances
for well over a decade.
Remember, if you do nothing, you can expect nothing to change…
OFFE National Chairman,
Gene D. Simes