Louis Brandeis

“ The rule that the United States may not be sued without its consent is all-embracing.
In establishing the system of war risk insurance, Congress vested in its administrative agency broad power in making determinations of essential facts-power similar to that exercised in respect to pensions, compensation, allowances, and other gratuitous privileges provided for veterans and their dependents. ”

“ There is a suggestion that although, in repealing all laws 'granting or pertaining to yearly renewable term insurance,' Congress intended to take away the contractual right, it also intended to take away the remedy; that, since it had power to take away the remedy, the statute should be given effect to that extent, even if void in so far as it purported to take away the contractual right. The suggestion is at war with settled rules of construction. It is true that a statute bad in part is not necessarily void in its entirety. ”

“ In the administration of all government business economy had become urgent because of lessened revenues and the heavy obligation to be issued in the hope of relieving widespread distress. Congress was free to reduce gratuities deemed excessive. But Congress was without power to reduce expenditures by abrogating contractual obligations of the United States. To abrogate contracts, in the attempt to lessen government expenditure, would be not the practice of economy, but an act of repudiation. 'The United States are as much bound by their contracts as are individuals. ”

“ Not later than five years after the date of the termination of the war as declared by proclamation of the President of the United States, the term insurance shall be converted, without medical examination, into such form or forms of insurance as may be prescribed by regulations and as the insured may request. Regulations shall provide for the right to convert into ordinary life, twenty payment life, endowment maturing at age sixty-two and into other usual forms of insurance. ”

“ A provision within the legislative power may be allowed to stand if it is separable from the bad. But no provision, however unobjectionable in itself, can stand unless it appears both that, standing alone, the provision can be given legal effect and that the Legislature intended the unobjectionable provision to stand in case other provisions held bad should fall. ”

“ The policies granted insurance against death or total disability without medical examination, at net premium rates based on the american Experience Table of Mortality and 3 1/2 per cent. interest; the United States bearing both the whole expense of administration and the excess mortality and disability cost resulting from the hazards of war. ”

“ On the other hand, war risk policies, being contracts, are property and create vested rights. The terms of these contracts are to be found in part in the policy, in part in the statutes under which they are issued and the regulations promulgated thereunder. ”

“ If they repudiate their obligations, it is as much repudiation, with all the wrong and reproach that term implies, as it would be if the repudiator had been a State or a municipality or a citizen.' The Sinking Fund Cases, 99 U.S. 700, 719, 25 L.Ed. ”

“ In each case, the United States demurred to the petition on the ground that the court was without jurisdiction to entertain the suit, because the consent of the United States to be sued had been withdrawn by the Act of March 20, 1933, c. 3, 48 Stat. 8, commonly called the Economy Act (38 USCA § 701 et seq.) . ”