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Repeal the USFSPA,

Created by S.D. on January 09, 2013

The core issue of the USFSPA is the classification of Military Retainer Pay (MRP) as property and its division by state courts in a divorce. Prior to the USFSPA, the U.S. Supreme Court ruled in McCarty v. McCarty that MRP is not property and could not be divided as such by state courts in a divorce. However, the USFSPA was enacted as a rider (without any hearings) to the 1982 Defense Authorization Act, and backdated to circumvent this Supreme Court decision. That should be a red flag as to just how bad this law is.
What needs to be done to correct all the injustices in this law? Ideally, a U.S. Supreme Court decision to overturn the law as un-Constitutional under the Fourth Amendment. The total repeal of the law by the U.S. Congress and the restoration of McCarty decision.

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