SMITH V. RASMUSSEN

Craig Konnoth; ;

SMITH V. RASMUSSEN

Craig Konnoth

CO-AUTHORS Heather Walter McCabe

PUBLISHER

Cambridge University Press

DATE

2022-12

SSRN Website

UVA Law Faculty Affiliations

Craig Konnoth

Abstract

This chapter "rewrites" Smith v. Rasmussen, 249 F.3d 755 (8th Cir. 2001), which affirmed Iowa’s Medicaid agency's refusal to cover gender affirmation surgery for a beneficiary. The rewritten opinion "conclude[s] that the exclusion regulation discriminates based on sex, thereby failing to satisfy the Medicaid statute’s reasonableness requirements."

Commentary, Heather Walter McCabe

Judgment, Craig Konnoth

SSRN Website

Citation

Craig Konnoth & Heather Walter McCabe, SMITH V. RASMUSSEN, in Seema Mohapatra & Lindsay F. Wiley Feminist Judgments: Rewritten Health Law Opinions, Cambridge University Press, 237–263 (2022).

More in This Category

The Problem of “Relevant Experience”
Craig Konnoth
In their intriguing article “Bioethics and the Moral Authority of Experience,” Nelson and colleagues (2023) provide important insight into an... MORE
Vaccine Passports as a Constitutional Right
Kevin Cope
Does the U.S. Constitution guarantee a right to a vaccine passport? In the United States and elsewhere, vaccine passports have existed for over a... MORE
Criminal, Legal, and Ethical Kidney Donation and Transplantation: A Conceptual Framework to Enable Innovation
Kimberly D. Krawiec
A Forum discussing: Kidneys for Sale: Empirical Evidence From Iran by Moeindarbari T and Feizi M (2022). Transpl Int 35:10178. doi: https://doi.org/... MORE

An Expedited Regulatory Strategy For Expanding Access To Methadone Treatment For Opioid Use Disorder
Richard J. Bonnie
Treatment with methadone dramatically improves the lives of people with Opioid Use Disorder and should be universally available to those who wish to... MORE
The consequences of the leaked draft opinion go far beyond abortion rights
Naomi R. Cahn
The leak of a draft Supreme Court opinion that would overturn Roe v. Wade felt like a tsunami as the news spread across the country. The shock was... MORE
Single, Female And Looking For Business Success: New Research
Naomi R. Cahn
Almost one half of the U.S. population is single, and the number of single people has almost tripled since 1950. Companies run by single CEOs may be... MORE

Organ Entrepreneurs
Kimberly D. Krawiec
The supply of human organs for transplantation might seem an unlikely place to begin thinking about entrepreneurship. After all, there is no... MORE
Forword: Sex in Law
Kimberly D. Krawiec
Forword to Issue 1 - Sex in Law Doriane Lambelet Coleman & Kimberly D. Krawiec Special Editors This symposium continues the discussion we began... MORE
Decisions With Patients and Families Regarding Aducanumab in Alzheimer Disease, With Recommendations for Consent: AAN Position Statement
Richard J. Bonnie
Alzheimer disease (AD) is a feared and stigmatized condition, with relentlessly progressive impact not only on the independence and health of people... MORE

The Art of Regulating ART
Naomi R. Cahn
This article examines the technologies of pre-implantation genetic testing (PGT) and germline gene editing (GGE) and the different potential... MORE
No Money Allowed
Kimberly D. Krawiec
The sale of organs and gametes, the use of commercial surrogates, and trade in blood and plasma are examples of what have been termed "contested... MORE
Working Through Menopause
Naomi R. Cahn
There are over thirty million people ages 44 to 55 in the civilian labor force in the United States, but the law and legal scholarship are largely... MORE

Managing and Monitoring the Menopausal Body
Naomi R. Cahn
This Essay explores how menopausal bodies are managed and monitored through both menopausal hormone therapy (MHT) and the burgeoning market for... MORE
Contextualizing Menopause in the Law
Naomi R. Cahn
“It is horrendous, but then it’s magnificent,” says one character about menopause in an episode of the 2019 Netflix comedy Fleabag. Her younger... MORE
Rationing and Disability: The Civil Rights and Wrongs of State Triage Protocols
Deborah Hellman
The COVID-19 pandemic and the unprecedented natural disasters of 2020 remind us of the importance of emergency preparedness. This Article contributes... MORE

Health Data Federalism
Craig Konnoth
Federalism scholarship abounds on nearly all aspects of healthcare: on the Affordable Care Act, public health powers, licensing, and drug and device... MORE
Justice for the Menopause: A Research Agenda
Naomi R. Cahn
Menopause is defined by its relationship to menstruation––it is the cessation of menstruation. Medical texts identify menopause as part of the cycle... MORE
Race and Medical Double-Binds
Craig Konnoth
Race and medicine scholarship is beset by a conundrum. On one hand, some racial justice scholars and advocates frame the harms that racial minorities... MORE

Scholarship

SMITH V. RASMUSSEN

UVA Law Faculty Affiliations

Abstract

Citation

More in This Category

ABOUT

APPLY

ACADEMICS

SERVICES

PEOPLE

CAREERS

NEWS & EVENTS

COMMUNITY