J. Scott Ballenger

86 Texas L. Rev. See Also 7

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In his response to Professor Hill’s Article, Scott Ballenger discusses issues of medical autonomy in light of his experience as counsel for the Abigail Alliance for Better Access to Developmental Drugs.  While he ultimately agrees with Professor Hill on the existence of a fundamental right to make medical treatment decisions free of unwarranted government interference, he highlights two potential disagreements with the article.  First, he argues for a greater emphasis on the distinction between laws genuinely protecting the public health and those invading purely private medical decisions.  Second, he questions the assumption that the crucial debate in this area involves whether to trust judges or legislatures on issues of medical or scientific fact.