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6-29-12

Supreme Court Upholds Obamacare, Strikes Down Stolen Valor Act

The United States Supreme Court upheld major provisions of the Affordable Health Care for America Act (HR 3962-Public Law 111-192) this week. FRA successfully fought in the 111^th Congress to ensure TRICARE and Department of Veterans’ Affairs (VA) healthcare programs were excluded from the broad reform legislation, sometimes referred to as “Obamacare.” Medical services provided through TRICARE or the VA are not impacted by this week’s Supreme Court decision.

Unfortunately, the Court also declared the “Stolen Valor Act” unconstitutional. FRA is one of 25 military and veterans organizations that believe there should be legal consequences for anyone who intentionally fabricates military service and honors, and signed a Friend of the Court brief (a.k.a. amicus curiae) in conjunction with the U.S. v. Alverez case.

Signed into law in 2005, the law prohibited anyone from falsely claiming receipt of military decorations or medals. Xavier Alvarez, a member of the Three Valley Water District Board of Directors in California, falsely claimed during a public meeting that he was a retired Marine, had been wounded many times in combat, and had been awarded the Congressional Medal of Honor. Alvarez never served in the military, pleaded guilty to violating the Stolen Valor Act and appealed its constitutionality on the grounds that it violated his First Amendment rights to free speech.

The Court decided (6-3) that Congress does not have the constitutional authority to prohibit people from lying about their military awards and decorations in its ruling on the case.