Michael B. Yourko v. Lee Ann B. Yourko
1. May state law doctrines of judicial convenience,
like res judicata and collateral estoppel, be
raised against a preemptive federal statute, 38
U.S.C. § 5301, which voids from inception
any and all agreements made by a disabled
veteran to dispossess himself of his federally
protected veterans' benefits ?
2. Even if a state court may raise such state law
doctrines, may a disabled veteran be compelled
by a state court to use his restricted disability
benefits to satisfy such an agreement, where 38
U.S.C. § 5301 explicitly prohibits the state from
using any "legal or equitable" process
whatsoever to dispossess the veteran of his
personal entitlement and applies to all such
benefits "due or to become due" and before or
after their receipt by the beneficiary?
May state law doctrines of judicial convenience be raised against a preemptive federal statute?