In terms of the cost element, doctors' time is more expensive than lawyers' time. The reason it doesn't cost you anything to see a doctor is because the government covers it, but there's no reason the government couldn't cover the lawyers' time in this case if they wanted to.
With regard to the claim that there are additional safeguards in place now, there are criteria established by the Carter decision. There are criteria established by the legislation. I don't think either is substantively narrower than the other, so to say that the court imposed a judicial review in one case doesn't mean it would want one in another. I don't think that follows, given the relatively similar spectrum of those exceptions.