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11 St. Louis U. J. Health L. & Pol'y 303 (2017-2018)
The Body Politic: Federalism as Feminism in Health Reform

handle is hein.journals/sljhlp11 and id is 333 raw text is: 








  THE   BODY POLITIC: FEDERALISM AS FEMINISM IN HEALTH
                                 REFORM


                       ELIZABETH Y. McCUSKEY*


                                 ABSTRACT
This essay illuminates how modern health law has been mainstreaming feminism
under the auspices ofhealth equity and social determinants research. Feminism
shares with public health and health policy both the empirical impulse to identify
inequality and the normative  value of pursing equity in treatment. Using the
Affordable Care Act'sfederal health insurance reforms as a case study of health
equity in action, the essay exposes the feminist undercurrents ofhealth insurance
reform and  the impulse toward mutuality in a body politic. The essay concludes
by revisiting-from  a feminist perspective-scholars' arguments  that equity in
health insurance is essentialfor human flourishing.


* 02018 Elizabeth Y. McCuskey. This essay is the product of the Mainstreaming Feminism project
launched at the American Association of Law Schools 2018 Annual Meeting. It owes its impulse
to the founders of that project, Brooke Coleman and Liz Porter, and to my co-panelists, Anastasia
Boles and Linda Malone. Elizabeth Pendo and Nicole Porter also generously provided input. I
dedicate this essay to the memory of my mother, Anne T. McCuskey-a warrior for human
flourishing.


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