Legal Opinion · Concurring in part, dissenting in part
Luther D. Mullen v. Otis Bowen, Secretary of Health and Human Services, Richard G. Shepherd v. Otis Bowen, Secretary of Health and Human Services
Court of Appeals for the Sixth Circuit
Decided September 2, 1986No. 84-1455, 84-5352Published
1Concurring in part, dissenting in part
BOYCE F. MARTIN, Jr., Circuit Judge, dissenting, with whom KEITH, JONES, and CONTIE, Circuit Judges, concur.
I quarrel with the majority’s interpretation of these regulations and the majority’s deference to the Secretary’s Appeals Council because the interpretation is illogical and the deference is unfair. I do not dispute that Congress bestowed upon the courts the power to review the final decisions of the Secretary. Nor do I dispute that Congress gave the Secretary the power to review decisions of administrative law judges. However, I do believe that the Secretary, by his own regulation 20…
2Cases cited11 opinions
- United States v. NixonSupreme Court of the United States · 1974
- Califano v. SandersSupreme Court of the United States · 1977
- Jack Bloodsworth v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1983
- Arry Ortego v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1975
- Nelda A. Parker v. Otis R. Bowen, Secretary of Health and Human Services, Autry R. Hand v. Otis R. Bowen, Secretary of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1986
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