 There are two perspectives in which these intuitions can be tested: at the level of individual, head-to-head allocation contests and at the level of social policies or strategies about health care allocation across the population. In the first case we presume a head-to-head comparison between a person with and another without a disability, both of whom require the medical treatment or resource that, for whatever reason, can only be available to one of them. We will have occasion below to question the philosophical value of head-to-head allocation scenarios, but there is no doubt they have emotional power and put the impact of disability into stark relief. Interestingly, although the impact of disability on rationing was initially raised legally in terms of rationing policy (the Oregon rationing experiment mentioned above), despite creative legal academic discussions (Garvey 1992; Peters 1995; Orentlicher 1996; and Crossley 2000), United States courts were reluctant to move from the individual case to the policy level in the rationing debate because they were impressed by the argument that prioritization of health resources was simply unavoidable and so not discriminatory as a general policy. We return to this point below in the context of human rights and the impact of disability.