One judge has decided that she will decide what the scope of coverage of the CHAMPUS program is. Forget about the law passed by our elected officials [Congress].
We can all rest easy because Judge Nancy Gertner is now making decisions about the scope of CHAMPUS coverage. She wrote in her opinion:
I have concluded that there is no rational, legitimate state interest in denying coverage under these circumstances.
Judge Nancy Gertner has merely substituted her unelected, lifetime tenured opinion for that of the duly elected officials constitutionally authorized to make such decisions. All of you posting to this thread who support this decision are expressing support for flushing our FREE REPUBLIC down the toilet. The constitutional way to change the law is by getting a bill through Congress that is signed by the President.
If CHAMPUS didn't cover broken arms, does anybody believe that Judge Nancy Gertner would have held that CHAMPUS had a constitutional obligation to do so? Of course not. The case wouldn't have survived motions to dismiss it. This is merely Judge Nancy Gertner's way of expressing her opinion that the "constitional" right to slaughter an unborn child is more important than the Constitution itself.
Read her opinion yourself if you want to read what judicial "legislating" looks like:
http://pacer.mad.uscourts.gov/dc/opinions/gertner/pdf/britellsj.pdf
BTW, this case was defended by the Clinton administration (Sec. of Defense Cohen was a named defendant).