Schism v. United States

 
APPEAL NO.
99-1402
OP. BELOW
DCT
SUBJECT
Military
AUTHOR
Michel

Question(s) Presented

Whether effectively forcing veterans to purchase Medicare Part B insurance is a violation of the government’s oral promise, made in and around World War II, via military recruiters,┬áto provide free lifetime medical care to those who serve on active duty for at least 20 years and their dependents.

Holding

“Because 5 U.S.C. 301 at most authorizes space-available treatment, and not free health insurance for life, we hold that the Air Force Secretary lacked the authority in the 1950s when plaintiffs joined to promise free and full medical care. . . . Accordingly, we must affirm.”