Constitutional Opinion No. 2026-0683
Case Information
- Content Scored
- S. 597 (118th) — Social Security Fairness Act (Senate companion to H.R. 82; repeals WEP and GPO)
- Source
- U.S. Congress (govinfo.gov)
- Author
- Sens. Brown (lead), Collins, and 22 cosponsors
- Publication Date
- 2023-03-01
- Content Type
- Legislation
- Opinion Issued
- 2026-07-19
- AFCS Version
- 1.0
Holding
S. 597 is the Senate companion to H.R. 82 and is verbatim-identical in operative effect: Section 2 repeals the Government Pension Offset (striking Section 202(k)(5)) and Section 3 repeals the Windfall Elimination Provision (striking the relevant paragraphs of Section 215), same effective date. Because the operative text and constitutional analysis are the same as the House companion, the Court scores this on the identical basis and reaches the identical result, cross-referencing Opinion 2026-0680. Its fiscal effect materially increases Social Security outlays and accelerates trust-fund insolvency — a real Honest Money tension (Article X = 35). But unlike a new entitlement, it restores benefits to workers who paid in, an earned-benefit / citizen-as-principal consideration resonating at roughly neutral with Article II (52) and Article IX (50), each two-edged because the same repeal grows a collective entitlement. No Article affirmatively rewards benefit expansion, and the Court declines to manufacture one. Tier 1 = 47; Final 53 — Mixed, identical to H.R. 82. A benefit increase is not a new tax, so no Automatic Fail. Where two chambers advance verbatim-identical text, the Standard treats them alike.
It is the judgment of this Court that Opinion No. 2026-0683 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.