Legal Opinion
Dr. Emanuel Pushkin v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare
Court of Appeals for the Fifth Circuit
Decided August 8, 1979No. 77-2401PublishedCited by 15 opinions
1Opinion of the Court
CHARLES CLARK, Circuit Judge:
This appeal considers the limitation by Congress of federal court jurisdiction over questions arising under the Medicare Act, 42 U.S.C.A. § 1395, et seq. Appellants challenge the constitutionality of the statute defining' reimbursable services under Part B of the Medicare Act and the validity of a regulation promulgated thereunder. Because the constitutional challenge to the statute is insubstantial and a forum is available in which the attack on the regulation can be adjudicated, it is not necessary to decide whether Congress could totally preclude judicial…
2Cases cited37 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Califano v. SandersSupreme Court of the United States · 1977
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- United States v. TestanSupreme Court of the United States · 1976
- Weinberger v. SalfiSupreme Court of the United States · 1975
32 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gingold v. United States Ex Rel. Department of Health & Human Services (In Re Shelby County Healthcare Services)United States Bankruptcy Court, N.D. Georgia · 1987
- Dr. Joseph G. Bussey, Jr., M. D. And Amy Jackson, P. A. v. Patricia Roberts Harris, Secretary of Health and Human ResourcesCourt of Appeals for the Fifth Circuit · 1980
- Town & Country Home Nursing Services, Inc. v. Blue Cross of California (In Re Town & Country Home Nursing Services, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- Starnes v. SchweikerCourt of Appeals for the Fourth Circuit · 1983
- In Re BergerUnited States Bankruptcy Court, S.D. Florida. · 1981
10 more not listed; retrieve them via the Exa API.