Lois M. Grant, on Behalf of Herself and All Other Similarly Situated Persons v. Donna E. Shalala, Secretary of Health and Human Services

OPINION OF THE COURT

ALITO, Circuit Judge:

This is an interlocutory appeal in a class action brought pursuant to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). The question presented is whether the district court may hold a trial and make its own findings of fact regarding the alleged general bias of a Department of Health and Human Services (HHS) administrative law judge (AU) or whether the court must instead review the Secretary’s findings on this question. Based on the express language of Section 205(g), binding circuit precedent, and the effect that such litigation would…