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Medical Standards by Federal Fiat

Barsky, Benjamin A. et al.
Scholarly Commons at Boston University School of Law · Papers
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constitutional-lawhealth-lawhealth-law-and-policyhealth-policy
The constitutional structure of the United States gives the states broad regulatory authority over medical standards. This authority applies even — or perhaps especially — in contested areas of medicine, such as gender-affirming care for young people. Yet in recent executive actions, the U.S. govern
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