Metropolitan Hospital v. United States Department of Health & Human Services

The majority undertakes a well-reasoned effort to uphold the Secretary’s interpretation of the term “entitled to” as neither contrary to Congress’s clear intent nor an impermissible construction of the term. We do not, however, write on a blank slate. We have already wrestled with the very statutory provision at issue and arrived at definitive conclusions as to its meaning. In my opinion, stare decisis demands greater respect for our ruling in Jewish Hospital v. Sec’y of Health & Human Servs., 19 F.3d 270, 272 (6th Cir.1994).

A. Doctrine of Stare Decisis

Stare decisis, “to stand by things…