Since the passage of the 1974 National Research Act, federal policy has ensured that no individual faces penalties or loss of benefits for refusing unapproved medical treatments.

1. Whether a State's obligation under federally funded programs to obtain legally effective informed consent for unapproved medical treatments creates an individually enforceable liberty interest under the Due Process Clause to give or withhold such consent, actionable under 42 U.S.C. § 1983 upon violation?

2. Whether a State can evade its federal obligation to obtain legally effective informed consent for unapproved medical treatments through private delegation, and whether the private party's deprivation of Fourteenth Amendment rights in performing that function constitutes state action under 42 U.S.C. § 1983?

Whether a State's obligation under federally funded programs to obtain legally effective informed consent for unapproved medical treatments creates an individually enforceable liberty interest under the Due Process Clause