Reply #9: At a glance, looks like a strong ruling

[suffragette]

http://www.ca9.uscourts.gov/datastore/opinions/2011/05/10/0816728comb%20.pdf

CONCLUSION
The United States Constitution confers upon veterans and their surviving
relatives a right to the effective provision of mental health care and to the just and
timely adjudication of their claims for health care and service-connected death and
disability benefits. Although the terms of the Administrative Procedure Act
preclude Veterans from obtaining relief in our court for their statutory claims, their
entitlements to the provision of health care and to veterans’ benefits are property
interests protected by the Due Process Clause of the Fifth Amendment. The
deprivation of those property interests by delaying their provision, without
justification and without any procedure to expedite, violates veterans’
constitutional rights. Because neither Congress nor the Executive has corrected the
103
behavior that yields these constitutional violations, the courts must provide the
plaintiffs with a remedy. We therefore remand this case to the district court with
the instruction that, unless the parties resolve this dispute first, it enter an order
consistent with this opinion.
AFFIRMED in part, REVERSED in part, and REMANDED.