# 4 soc.sec.rep.ser. 80, unempl.ins.rep. Cch 15,133 Mario Lopez v. Margaret M. Heckler, Secretary of Health and Human Services

> Court of Appeals for the Ninth Circuit · February 22, 1984 · 725 F.2d 1489

URL: https://www.frixlaw.com/law-library/cases/9471687

## Case

- **Full name:** Mario LOPEZ, Et Al., Plaintiffs-Appellees, v. Margaret M. HECKLER, Secretary of Health and Human Services, Et Al., Defendants-Appellants
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** February 22, 1984
- **Citations:** 725 F.2d 1489; 4 Soc. Serv. Rev. 80; 1984 U.S. App. LEXIS 25273
- **Precedential status:** Published
- **Opinion:** Concurrence by Boochever
- **Judges:** Pregerson, Boochever, Reinhardt
- **Cited by:** 97 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated on other grounds by Heckler v. Lopez, 469 U.S. 1082 (1984).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9471687

## How later opinions describe it (automated extraction)

- noting, in holding that exhaustion of remedies would be futile and therefore was not required, inconsistency of Secretary’s non-acquiescence policy with separation of powers and rule of law as established in Marbury v. Madison
- discussing Secretary’s “nonacquies-cence” in judicial decisions mandating evi-dentiary burdens

## Opinion text

BOOCHEVER, Circuit Judge,
concurring.
I concur generally in Judge Reinhardt’s opinion and share his concern over the Secretary’s refusal to obey the decisional law of this circuit. I cannot agree, however, that a substantial question is presented as to whether claimants who received termina *1511 tion notices from the Secretary more than sixty days prior to commencement of this class action and failed to seek any review are time-barred by the sixty-day limitation of § 405(g). The district court had no jurisdiction under § 405(g) over those claimants. See Heckler v. Lopez, — U.S. —, 104 S.Ct. 221, 223 , 78 L.Ed.2d 217 (1983) (Stevens, J., concurring in part and dissenting in part).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9471687. Public record. Not legal advice.