Indisputable Proof of How the Veterans Judicial Review Act Superseded Rose v. Rose
The Veterans Judicial Review Act (VJRA), Pub. Law 100-687 (1988) superseded the Supreme Court ruling in Rose v. Rose, 481 U.S. 619 (1987) by amending 38 U.S.C. § 211 to close the loopholes revealed by the Court, thereby make it absolutely clear that benefits are Totally Exempt from state jurisdiction.
First: there is an implied federal preemption because Title 38 has been Positive Law for over 60 years pursuant to the Article I § 8 powers of Congress. There is no reason to suggest that Title 38 might belong to state courts.
Second: there is an expressed preemption in current law 38 U.S.C. § 511 and there is NO expressed or implied exception to give states jurisdiction, even for divorce, alimony or child support.
States have NEVER been granted jurisdiction on Title 38 by any statute. When the Supreme Court made the May 18, 1987 ruling in Rose v. Rose, it was necessary to help Congress understand how the loopholes in § 211 could be used to undermine the purpose of Title 38. This was based on a very strict literal interpretation of the EXACT words and phrases of § 211 in place at that time.
The loopholes were that § 211 did not happen to give the Administrator “exclusive jurisdiction” and did not happen to “clearly preempt state jurisdiction.” The Court found an “implied exception” to 38 U.S.C. § 3101 for child support because § 211 did not make VA benefits exempt from state jurisdiction.
The following pages contain proof of federal preemption by the change in law:
1) Section 211(a) Before the VJRA; (1 page)
2) Rose v. Rose and the ruling on 38 U.S.C. § 211; (2 pages)
3) The amendment of § 211 by the VJRA; (1 page) and
4) Section 211(a) After the VJRA in the laws of 1988. (1 page)
When Congress changed the EXACT words of § 211 by enacting the VJRA, it became absolutely clear that states have NO Possibility of jurisdiction on the subject matter of Title 38. There is NO child support exception to § 5301 because there is NO state jurisdiction exception to § 511.
As a result of the VJRA, there is NO room for doubt or question; States have absolutely NO possibility of Jurisdiction to extract money from VA benefits by assignment, seizure, garnishment, contempt or jail.
