Necessity, Not Autonomy

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.