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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Williams v. Pierce, 708 F.2d 57 (1983)

Citation
Williams v. Pierce, 708 F.2d 57 (1983)
Parent Document
Williams v. Pierce, 708 F.2d 57 (1983)
Effective Date
1983-05-12

Other Sections in This Document (51)

Full Text

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21
When the command of a statute is clear, it must be enforced. Barlow v. Collins, 397 U.S. 159, 167, 90 S.Ct. 832, 838, 25 L.Ed.2d 192 (1970). Appellants' efforts to read the unreviewability provision out of OBRA by arguing that the Secretary's actions, failures to act, or determinations made in formulating and promulgating his interim rules fall outside the scope of the statute is sheer sophistry. Aside from the explicit inclusion of "procedures for making determinations" in Sec. 322(i)(3)--which the interim rules in themselves clearly are--the very terms "actions" and "determinations" would embrace the Secretary's decision to proceed as he did here. We hold that the statute is clear on its face and that the Secretary's actions, determinations and procedures for implementing the will of Congress expressed in Sec. 322(i) are precluded from judicial review.