Fifty Years After Estelle v. Gamble — Where Does Carceral Health Law Go from Here?

Abstract

Abstract Fifty years ago, the US Supreme Court decided Estelle v. Gamble — a landmark case commonly known for establishing a duty on the government to provide health services to incarcerated people, whether before or after conviction. In this column, we offer a brief critical reappraisal of Estelle by reviewing its demanding legal standard and identifying a set of related litigation barriers that stymie the availability of relief in federal court. Given these constraints, we argue for a carceral health law paradigm that moves beyond the current, dominant focus on litigation. We use Medicaid law and policy as a case study to explore the potential and drawbacks of a broader administrative structure for carceral health care.