Evelyn Elisabeth Kirkhuff v. Robert P. Nimmo, Administrator, Veterans Affairs

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

The Administrator of Veterans’ Affairs (Administrator) appeals from a judgment by the District Court declaring invalid as ultra vires a Veterans’ Administration regulation denying medical benefits for pregnancy and childbirth to financially needy veterans. This appeal raises serious questions about the power of the federal courts to review decisions of the Administrator. Because we find that, even assuming we have such power, the regulation survives appellee’s challenges, we reverse and remand.

I

Appellee…