Cite as: 529 U. S. 1 (2000)
Thomas, J., dissenting
Our opinion in Ringer was equally silent on the meaning of § 1395ii, this time assuming in passing that it operates as a garden variety incorporating reference of § 405(h),4 an
assumption shared by the parties to the case, see Brief for Petitioners 18, 22, and Brief for Respondents 26-29, in Heckler v. Ringer, O. T. 1983, No. 82-1772. Ringer involved a dispute over reimbursement for a surgical procedure under Part A of the Act, see 466 U. S., at 608-609, n. 4, so, unlike in Erika (which involved Part B), it was clear that the individual plaintiffs could seek judicial review under § 1395ff (via § 405(g)) after they had presented a claim for benefits to the Secretary and suffered an unfavorable final decision. But the plaintiffs chose not to follow this route to review. Instead, they attempted to challenge the Secretary's policy prohibiting reimbursement for the surgery as violating constitutional due process and several statutory provisions, invoking general federal-question jurisdiction.5 As noted, we assumed that § 1395ii incorporates § 405(h) in the situation of a preenforcement challenge to the Secretary's Medicare Act regulations and policies, and held that § 405(h)'s third sentence—"No action against the United States, the [Secretary], or any officer or employee thereof shall be brought under section 1331 or 1346 of title 28 to recover on any claim arising under this subchapter"—expressly precluded Ring-er's suit. Ringer, 466 U. S., at 615-616.
4 See Heckler v. Ringer, 466 U. S. 602, 614-615 (1984) ("The third sentence of 42 U. S. C. § 405(h), made applicable to the Medicare Act by 42 U. S. C. § 1395ii, provides that § 405(g), to the exclusion of 28 U. S. C. § 1331, is the sole avenue for judicial review for all 'claim[s] arising under' the Medicare Act" (alteration in original)).
5 The plaintiffs also asserted, to no avail, that the District Court had jurisdiction under 28 U. S. C. § 1361 (mandamus) and 42 U. S. C. § 1395ff (1982 ed. and Supp. II) (judicial review of Part A benefit amount determinations). See Ringer, supra, at 617-618.
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