468 U.S. 1323 (1984), A-214, Walters v. National Association of Radiation Survivors

Docket Nº:No. A-214
Citation:468 U.S. 1323, 105 S.Ct. 11, 82 L.Ed.2d 908
Party Name:Walters v. National Association of Radiation Survivors
Case Date:September 27, 1984
Court:United States Supreme Court
 
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Page 1323

468 U.S. 1323 (1984)

105 S.Ct. 11, 82 L.Ed.2d 908

Walters

v.

National Association of Radiation Survivors

No. A-214

United States Supreme Court

Sept. 27, 1984

ON APPLICATION FOR STAY

Syllabus

An application to stay the District Court's injunction prohibiting on constitutional grounds the enforcement of 38 U.S.C. §§ 3404 and 3405 -- which forbid the payment of a fee of more than $10 by a veteran to an agent or attorney in connection with a claim for monetary benefits under laws administered by the Veterans Administration -- is granted pending applicant' timely filing of a jurisdictional statement and the disposition of the same by this Court. Respondents' contention that the balance of hardships militates against the granting of a stay is not persuasive under the circumstances of the case.

REHNQUIST, J., lead opinion

[105 S.Ct. 12] JUSTICE REHNQUIST, Circuit Justice.

Applicants request that I stay an injunction issued by the United States District Court for the Northern District of California prohibiting, on constitutional grounds, the enforcement of 38 U.S.C. §§ 3404 and 3405. These sections prohibit the payment of a fee of more than $10 by a veteran to an agent or attorney in connection with a claim for monetary benefits under laws administered by the Veterans Administration.

The statute, which the single District Judge found unconstitutional, has been on the books in some form for 122 years. Within the past decade, this Court has summarily affirmed a decision of a three-judge District Court upholding the constitutionality of 38 U.S.C. § 3404(c). Gendron v. Levi, 423 U.S. 802 (1975), aff'g Gendron v. Saby, 389 F.Supp. 1303 (CD Cal.). The Court of Appeals for the Ninth Circuit has also recently upheld the validity of § 3404(c). Demarest v. United States, 718 F.2d 964 (1983), cert. denied, 466 U.S. 950 (1984).

Page 1324

The application for a stay is granted. Respondents urge that the...

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