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Supreme Court — Part 5

77 pages · May 11, 2026 · Document date: Aug 22, 1960 · Broad topic: Cold War & Communism · Topic: Supreme Court · 76 pages OCR'd
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CH 3 DEPARTMENT OF JUSTICE WASHINGTON, D. C. fy June 19, 1934 CIRCULAR NO. 2569 TO ALL UNITED STATES ATTORNEYS AND ATPOENEYS OF THIS BUREAU: Re:¥ Supreme Court/Decision in the Lynch and Wilner Cases. ca On June 4, 1954, the Supreme Court of the United States rendered an opinion in the cases of Margaret ShearLynch, Petitioner, v. United States, end SamyWilner, Petitioner, v. United Statea, holding that the Act of March 20, 1933, Ce 3, 48 Stat. 9 (commonly called the-Econamy Act), was unconstitu- tional insofar as it attempted to repeal all laws granting or pertaining to Yearly Renewable Term Insurance, As a result of this decision it is expected that the Veterans‘ Administration will resume consideration of the twenty odd thousand War Risk Insurance claims pending before it, and that suits will be filed in the various federal district courts as rapidly as disagroements occur. It is the contention of this Bureau that all claimants who secured denials before March 20, 1933, must have brought their actions within the time fixed by the Act of July 3, 1930, just as if the Economy Act had not been passed, This view is supported by reason and the well established principle that, "An unconstitutional act is not a lew; it confers no rights; it imposes no duties; it affords no protection; it grants no office; it is, in legal contemplation, as in- operative as though it had never been passed.” Norton v. Shelby County (1886) 118 U. S. 425, 442; Hirsh v. Block (App. D. C. 1920) 267 Fed. 614, 618, reversed on another ground (1921) 256 U.S, 135; Chicago, Indianapolis & Louisville Rwy. Co. v. Hackett (1913) 228 U. S. 559,566; Ex parte Siebold (1879) 100 U. S 371, 376. we pecuiw sh aware g-|-/ ET pe
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