Shalala v. Illinois Council on Long Term Care, Inc., 529 U.S. 1, 19 (2000)

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Cite as: 529 U. S. 1 (2000)

Opinion of the Court

added). That language refers to particular features of the Medicare Part B program—"private carriers" and "amount determinations"—which are not here before us. And its reference to "foreclosure" of review quite obviously cannot be taken to refer to § 1395ii because, as we have explained, § 1395ii is a channeling requirement, not a foreclosure provision—of "amount determinations" or anything else. In short, it is difficult to reconcile Justice Thomas' characterization of Michigan Academy as a holding that § 1395ii is "trigger[ed]" only by "challenges to . . . particular determinations," post, at 40, with the Michigan Academy language to which he points.

Regardless, it is more plausible to read Michigan Academy as holding that § 1395ii does not apply § 405(h) where application of § 405(h) would not simply channel review through the agency, but would mean no review at all. And contrary to Justice Scalia's suggestion, post, at 31-32 (dissenting opinion), that single rule applies to Medicare Part A as much as to Medicare Part B. This latter holding, as we have said, has the virtues of consistency with Michigan Academy's actual language; consistency with the holdings of earlier cases such as Ringer; and consistency with the distinction that this Court has often drawn between a total preclusion of review and postponement of review. See, e. g., Salfi, supra, at 762 (distinguishing § 405(h)'s channeling requirement from the complete preclusion of judicial review at issue in Robison, supra, at 373); Thunder Basin Coal Co. v. Reich, 510 U. S. 200, 207, n. 8 (1994) (strong presumption against preclusion of review is not implicated by provision postponing review); Haitian Refugee Center, 498 U. S., at 496-499 (distinguishing between Ringer and Michigan Academy and finding the case governed by the latter because the statute precluded all meaningful judicial review). Justice Thomas refers to an "antichanneling" presumption (a "presumption in favor of preenforcement review," post, at 46-47). But any such presumption must be far weaker than a pre-

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