Mullin v. Doe · ¶58

The second statutory provision at issue in Bowen is no more helpful to respondents than the first provision. This provision in the Medicare Act incorporated a list of sections of the Social Security Act, and one of those sections prohibited certain actions against the Government or its officers. See 42 U. S. C. §13955ii (1982 ed., Supp. II) (referencing 42 U. S. C. §405(h) (1982 ed., Supp. II)). The Court held that this provision did not bar review of the challenged Medicare regulation because it was “incorporated mutatis mutandis,” i.e., with necessary and appropriate modifications, and because legislative history showed that the Medicare Act provision was not meant to bar review of important questions like the one at issue. Bowen, 476 U. S., at 680.

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