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POPSHealth Care is Not a Right Take a heavy drinker who develops cirrhosis. He desperately needs a liver transplant in order to survive. But there is a shortage of available livers, and there are many other patients in need. Does he have a right to receive a life-saving transplant, or has he given up his right? Let's say he has, and we deny him a transplant, but there are still not enough livers to save the deserving patients. How do we decide among them without arbitrarily depriving some of their right to health care? This is the problem we face when we shift from a negative to a positive conception of rights. We encounter shortages, we face tradeoffs, and at some point we have to make arbitrary decisions. When that happens — well, to quote William Munny, "Deserve's got nothing to do with it."