Mark S. Stein

86 Texas L. Rev. See Also 15

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In his response to Professor Hill’s Article, Mark Stein argues for a somewhat different framing of the substantive due process right advocated by Professor Hill.  Stein favors a right to receive necessary medical treatment free of government interference.  However, he does not believe that the right should apply across the board.  If, in a particular setting, allowing a claim of medical necessity would have negative consequences for social welfare, no right of medical necessity should be recognized.