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4 Issues L. & Med. 283 (1988-1989)
AIDS: Due Process, Equal Protection, and the Right to Treatment

handle is hein.journals/ilmed4 and id is 301 raw text is: AIDS: Due Process, Equal Protection, and the Right to Treatment Roy G. Spece, Jr., J.D.* In 1973, Samuel Krislov, a political scientist at the University of Minnesota, who was not at all hostile to advocacy for the less fortunate, published an article entitled The OEO Lawyers Fail to Constitutionalize A Right to Welfare: A Study in the Uses and Limits of the Judicial Process.' The title of the article is most suggestive, but a summary of Krislov's conclusion is more instructive: In the attempt to constitutionalize a right to welfare by gaining Supreme Court acceptance of a 'right to life' as a 'fundamental' right guaranteed by the equal protection clause, the OEO law- yers both were faced with and created many problems which they could not surmount. Initially, the legal services program of the OEO was founded on a theory so vague that it frustrated the formulation of goals and the selection of directions. Once it was in operation, the effectiveness of the program was con- sistently dampened by the strategical tension between the ad- vocates of the legal aid-client-need approach and those of the test case-institutional-attack approach. Moreover, Smith's 'right to life' doctrine itself was an over broad conception which was ill-suited to rapid acceptance by the Court. In the end, however, it was not these problems which caused the ultimate failure of the OEO effort; but rather, it was the *Professor of Law, University of Arizona College of Law; J.D., University of South- ern California Law Center, 1972. The author wishes to thank University of Arizona colleagues Leslie B. Espinoza, Robert Jerome Glennon, David B. Wexler, and Michael H. Shapiro; also Dorothy W. Nelson, Professor of Law at the University of Southern California Law Center, for many helpful suggestions regarding an earlier draft of this article. '58 MINN. L. REV. 211 (1973).

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