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Supreme Court — Part 5
Page 39
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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.
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