Paul A. Buongiorno, Jr. v. Louis W. Sullivan, Secretary, United States Department of Health and Human Services and United States of America

Opinion for the court filed by Circuit Judge THOMAS.

CLARENCE THOMAS, Circuit Judge:

This case concerns the National Health Service Corps and the rule under which the government decides whether to modify the obligations of someone who has participated in the Corps’ scholarship program. We consider here a challenge to the rule on its face, and a challenge to the rule’ as applied.

I

A

The National Health Service Corps (NHSC) exists, in the words of Congress, “to improve the delivery of health services in health manpower shortage areas,” 42 U.S.C. § 254d(a)(2), “to rectify,” in the words of a recent…