VeteranHope.org

Federal Rights Often Violated by State Courts

List of Rights: Law by Law

1. The Right to protection from state courts extracting money from veteran benefits by any legal (divorce or judgment) or equitable (alimony or child support) process whatever.
   See 38 U.S.C. § 5301
2. The Right to enforce the complete preemption of state courts from trying to get around the Right to protection of benefits from legal or equitable process.
   See the VJRA and current positive law 38 U.S.C. § 511.
   See also Child Support and The Absurd Mythology of Rose (2018) to learn how Congress superseded Rose by closing the loopholes revealed by the Supreme Court.
3. The Right to protection from state courts probing into VA medical records.
   See 38 U.S.C. § 511
4. The Right to protection from state courts probing into VA claim files.
   See 38 U.S.C. § 511
5. The Right to protection from any public disclosure of medical conditions from military service.
   See 38 U.S.C. § 511
6. The Right to protection from state courts using military retirement to extract money from veteran benefits.
   See the Uniformed Services Former Spouses' Protection Act (USFSPA), Pub. L. 97–252 (1982), 10 U.S.C. 1408
7. The Right to protection from state courts extracting money from Chapter 61 military disability retired pay.
   See 10 U.S.C. § 1408
8. The Right to protection from state courts using fraud to get around the rights listed above.
   See Mansell v. Mansell, 490 U.S. 581 (1989) and Howell v. Howell, 581 U.S. ___ (2017) because 'State courts cannot “vest” that which (under governing federal law) they lack the authority to give. Cf. 38 U. S. C. §5301(a)(1)'
9. The Right to protection from state courts extracting money from Combat Related Special Compensation (CRSC) because it is NOT part of "retired Pay" which means it is exempt from state jurisdiciton.
   See 10 U.S.C. § 1413a
10. The Right to protection from states extracting money from military housing allowances.
    See 10 USC 101(a)(15) , 37 USC 101(21) , and 42 USC 659(h)(1)(B)(i) all of which PROVE that states have absolutely NO jurisdiction to make or enforce any law that would cancel rights established by Title 10 or Title 37, and NO room for discretion or interpretation where they have absolutely NO possibility of subject matter jurisdiction.
11. The Right to protection of our whole family from the INSANE cost of frivolous litigation, predatory corruption and profiteering on veteran benefits in state courts. See ALL of the above.


12. The Right to protection from discrimination over being a person with disability.
    See the Americans with Disabilities Act (ADA)
13. The Right to protection from public disclosure of medical records in general.
    See the Health Insurance Portability and Accountability Act (HIPAA)
14. The Right to protection from public disclosure of personal records or personal information.
    See the Fourth Amendment.
15. The RIGHT to due process of law and equal protection of laws that protect the most fundamental constitutionally protected right to raise our children equally between both parents.
    
    The RIGHTS of children to the full benefit of both parents, whether they live together or not. States cannot sever the parent child relationship without clear and unmistakable evidence of parental misconduct. In other words, all parents are fit parents until PROVEN otherwise.
    
    The separation of children from either parent damages that relationship and is patently unconstitutional without PROOF of abuse. Accusations and allegations are NOT proof of abuse. In cases where the false accusation is used to manipulate the court system, the child has a right to equal time restored with the other parent, if not double. False accusation of abuse should be treated as perjury.
    See Troxel v. Granville , 530 U.S. 57 (2000)
16. The Right to protection from states committing predatory fraud by discrimination against military and veteran families to maximize the state revenue generated through Title IV-D.
17. The Constitutional Right to protection from the misconduct of state actors who are violating any one of the federal Rights listed above.
    See the Fourteenth Amendment to the Constitution