Suppose the Congress has adopted the “Reduced Impact of Bureaucracy Act” (“RIOBA”), which provides that any dispute over rights within the jurisdiction of any federal agency may be resolved by:
1. An email notice to the person whose rights may be affected by agency decision, addressed to the email address that comes up on www.switchboard.com
2. Agency consideration of any email response
3. An email order informing the person of the agency decision.
Suppose further than the Congress has made this procedure applicable to:
A. Decisions whether to withhold Medicare and Medicaid benefits for cosmetic surgery
B. Decisions whether to withhold student loan guarantees based on inaccurate financial information submitted on applications
C. Decisions whether to withhold life support from terminally ill patients
What judicial challenges can you mount to these adjudicatory approaches, and how would you defend them?