Bowen v. Michigan Academy of Family Physicians
United States Supreme Court
476 U.S. 667 (1986)
The Michigan Academy of Family Physicians (MAFP) (plaintiff) challenged a federal regulation setting the amounts private insurers must pay physicians under Medicare Part B. Secretary of Health and Human Services Bowen (defendant) argued two Medicare statutes barred judicial review of any Part B payment issues at all. The district court and court of appeals allowed review, but other circuits had ruled the opposite way on similar issues, creating a split; the Supreme Court granted certiorari.
Whether the strong presumption favoring judicial review of administrative action may be overcome by a congressional intent to preclude review that is either explicit in the statutory text or implied by the overall statutory scheme or legislative history.