Beware the Nanny State: Neoliberal Ideology and American Health Law Reform

Abstract

This article identifies neoliberalism as an important contemporary ideology and then examines the impact of this ideology and its concomitant rhetoric on public health law in the United States. In particular, the article considers the impact of neoliberalism on laws restricting the size of sugary soft drinks, requiring motorcyclists to wear helmets, and mandating graphic warnings on individual cigarette packages. In each area, neoliberalism helped thwart efforts at law reform, much to the ultimate detriment of the public’s health. When these developments are underscored, they bring into higher relief the important relationship of ideology and law.