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SULLIVAN v. FINKELSTEIN

No. 89-504.

496 U.S. 617 (1990)

110 S.Ct. 2658

110 L.Ed.2d 563

SULLIVAN, SECRETARY OF HEALTH AND HUMAN SERVICES v. FINKELSTEIN

Supreme Court of United States.

Decided June 18, 1990.

Attorney(s) appearing for the Case

Deputy Solicitor General Shapiro argued the cause for petitioner. With him on the briefs were Solicitor General Starr, Assistant Attorney General Gerson, and Edwin S. Kneedler.

Kenneth V. Handal argued the cause for respondent. With him on the brief were Dennis G. Lyons and Mary G. Sprague.

JUSTICE WHITE delivered the opinion of the Court.

We granted certiorari to decide whether the Secretary of Health and Human Services may immediately appeal a district court order effectively declaring invalid regulations that limit the kinds of inquiries that must be made to determine whether a person is entitled to disability insurance benefits and remanding a claim for benefits to the Secretary for consideration without those restrictions. We hold that the Secretary...

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