Administrative law is not the same as civil or criminal law. There is no presumption of innocence.

One's first opportunity to take legal action to defend one's self is at the appeal process. First comes the conviction, then the accused may seek to prove himself or herself not liable.

The FAA doesn't have deep pockets.

Under civil law, just about anyone can sue just about anyone; there are limits on the ability to sue the government, however; especially when the government has acted within the scope of it's duty. Whether it acted properly or not, it still may be a tough row to hoe. One can try, but one also faces considerable cost in making the effort. A UAL pilot suing a city is not the same thing as suing the FAA for an administrative enforcement action. Further, the FAA does not owe any pilot a medical certificate. If the FAA states that medical privileges are suspended pending additional documentation, a pilot does not have a right to that certificate, and is obligated to meet what burden the FAA requires, to show compliance. The FAA is not obligated to issue pilot or medical certification. It's a privilege, not a right.

I recently burned up all my sick time, and vacation time, until I met the burden required by the FAA with regard to documentation, plus the time required to go through the process until approval, and am now on a special issuance. Ironically, all my medical testing presently shows me outside the boundaries to define that medical issue. In other words, my medical documentation shows that the reason for which I have a special issuance does not exist for me. Never the less, I have a recurring duty now to get all the testing and certification, in order to get my medical, going forward. I'm now required to demonstrate not that I'm okay to fly with that condition, but that I don't have it. Go figure. It costs. It takes time. It requires a roundup of tests and appointments and various physicians. I have no more vacation or sick time to fall back on, and burned up savings. Never the less, I do not have a case to make against the FAA. The FAA determined that additional testing and documentation was required, determined that a special issuance was in order, and thus it went. I can't turn around and sue on the basis that it cost me time or money; the FAA does not owe me a medical, nor do I have a right to the certificate. I am required to meet whatever documentation, testing and medical evidence is required, to satisfy the FAA, and that's what's been done. Shortly, with another medical coming up, that's what's going to be done again. My expense, not the FAA's. That's reality.

If you're familiar with the Bob Hoover story, you'll have an idea of the expenses that can attend a fight to restore privileges, when the FAA takes aim. Even such a high profile event with some of the most high-profile attorneys in the business backing the fight, it was uphill and an extremely expensive multi-million dollar path for one of the best known most widely respected, and beloved pilots on the planet and all he did was the airshow routine he was approved to fly. That event can be torn up and down in discussion and has been, many times over, but when it comes to the FAA seeking additional data for the medical, or doing an emergency revocation, or anything in beetween, it's not simply a matter of the FAA having deep pockets, and coulda, woulda, shoulda have sued.