HomeUploadUpload DirectHotlinkRandomAbouttheme toggle

Saving Lives: Challenging the Ban on Compensating Bone Marrow Donors

Views: 868
FOR MORE ON THIS CASE, VISIT http://www.ij.org/bonemarrow

Every year, 1,000 Americans die because they cannot find a matching bone marrow donor. Minorities are hit especially hard. Common sense suggests that offering modest incentives to attract more bone marrow donors would be worth pursuing, but federal law makes that a felony punishable by up to five years in prison.

That is why on October 28, 2009, adults with deadly blood diseases, the parents of sick children, a California nonprofit and a world-renowned medical doctor who specializes in bone marrow research joined with the Institute for Justice to launch a legal fight against the U.S. Attorney General to put an end to a ban on offering compensation for bone marrow donors.

The National Organ Transplant Act (NOTA) of 1984 treats compensation for marrow donors as though it were black-market organ sales. Under NOTA, giving a college student a scholarship or a new homeowner a mortgage payment for donating marrow would land everyone—doctors, nurses, donors and patients—in federal prison for up to five years.

NOTAs criminal ban violates equal protection because it arbitrarily treats renewable bone marrow like nonrenewable solid organs instead of like other renewable or inexhaustible cells—such as blood—for which compensated donation is legal. That makes no sense because bone marrow, unlike organs such as kidneys, replenishes itself in just a few weeks after it is donated, leaving the donor whole once again. The ban also violates substantive due process because it irrationally interferes with the right to participate in safe, accepted, lifesaving, and otherwise legal medical treatment.

The only thing the bone marrow provision of NOTA appears to accomplish is unnecessary deaths. A victory in this case will not only give hope to thousands facing deadly diseases, but also reaffirm bedrock principles about constitutional protection for individual liberty. This is the first time NOTA has ever been the subject of a constitutional challenge.

'Actual Bone Marrow Donation' photo reproduced under a Creative Commons license from flickr user limowreck666.
Donate to IJ: https://ij.org/support/give-now/
@IJvidsfollow
Thumbnail for Challenging the Ban on Compensating Bone Marrow Donors - Press Conference 10/28/0915:22
Challenging the Ban on Compensating Bone Marrow Donors - Press Conference 10/28/09
IJvids
928 views
Thumbnail for Riverside Cop Tricks Autistic Teen into Buying Pot7:08
Riverside Cop Tricks Autistic Teen into Buying Pot
ReasonVids
848 views
Thumbnail for Jordan Peterson - Controversial Facts about IQ - 2017 - best part13:10
Jordan Peterson - Controversial Facts about IQ - 2017 - best part
GeneticIntelligence
1591 views
Thumbnail for 4 years in prison for this...1:22
4 years in prison for this...
bestofvoatxyz
580 views
Thumbnail for Remy: ISIS Crisis (The Rap)1:30
Remy: ISIS Crisis (The Rap)
ReasonVids
895 views
Thumbnail for The 5 Best Libertarian TV Shows Ever2:56
The 5 Best Libertarian TV Shows Ever
ReasonVids
794 views
Thumbnail for The Case Against Jamie Oliver: Why the Naked Chef Should Take His "Food Revolution" Back Home6:53
The Case Against Jamie Oliver: Why the Naked Chef Should Take His "Food Revolution" Back Home
ReasonVids
823 views
Thumbnail for What you didn't know about our President Donald John Trump because they hid it from you.43:01
What you didn't know about our President Donald John Trump because they hid it from you.
bestofvid8
642 views
Thumbnail for You're Dead Already. Walk it Off. | Grunt Speak Highlights5:06
You're Dead Already. Walk it Off. | Grunt Speak Highlights
Terrence Popp
1504 views
Thumbnail for Paper Airplane1:17
Paper Airplane
LibertyIsTheLaw
693 views
Thumbnail for The tower rises0:30
The tower rises
bestofupgoat
89 views
Thumbnail for Halo CE - Oddball - Derelict (XBOX ONE) | Mystical Gaming14:47
Halo CE - Oddball - Derelict (XBOX ONE) | Mystical Gaming
invidious
181 views
Thumbnail for Take a fucking shower degenerate!0:29
Take a fucking shower degenerate!
AOUisgay
390 views
Thumbnail for It *probably* would never happen again1:20
It *probably* would never happen again
bestofupgoat
165 views
Thumbnail for Frank Grimes - What's Wrong With America2:47
Frank Grimes - What's Wrong With America
clips
888 views
Thumbnail for 1988 - CBS 60 Minutes - ((( Mike Wallace ))) tells the truth about AIPAC's undue, illegal, and near complete control of U.S. Congress.9:20
1988 - CBS 60 Minutes - ((( Mike Wallace ))) tells the truth about AIPAC's undue, illegal, and near complete control of U.S. Congress.
bestofupgoat
426 views
Thumbnail for Can We Throw Satellites to Space? - SpinLaunch ~ Real Engineering42:13
Can We Throw Satellites to Space? - SpinLaunch ~ Real Engineering
bestofsaidit
717 views
Thumbnail for Secrets of witchcraft they don’t want you to know - Sheila Zelinsky and Dr Erica Shepherd discuss what witches do and how to overcome the power of their curses and spells.10:12
Secrets of witchcraft they don’t want you to know - Sheila Zelinsky and Dr Erica Shepherd discuss what witches do and how to overcome the power of their curses and spells.
bestofsaidit
658 views
Thumbnail for Citizen TV Live | Citizen TV Kenya1:00
Citizen TV Live | Citizen TV Kenya
invidious
299 views
Thumbnail for The Curious Case of Jordan Peterson's Guests | MEDIA REPRESENTATION WEEK PART 2 | Leather Apron Club4:46
The Curious Case of Jordan Peterson's Guests | MEDIA REPRESENTATION WEEK PART 2 | Leather Apron Club
AOUisgay
656 views
Thumbnail for Rune Chat #98: Simulation Hypothesis ft. Endxr1:12:43
Rune Chat #98: Simulation Hypothesis ft. Endxr
RuneChat
711 views
Thumbnail for Remy: The Equality Song1:50
Remy: The Equality Song
ReasonVids
882 views
Thumbnail for Brandy Harrington Kanne Knezz0:00
Brandy Harrington Kanne Knezz
mattknezz05
92 views
Thumbnail for 3 Ways to Make Obamacare Less Totally Horrible2:24
3 Ways to Make Obamacare Less Totally Horrible
ReasonVids
819 views

points

Permalink
Reply
institute, for, justice, bone, marrow, donation, compensation, scholarship, fanconi, anemia, leukemia, national, organ, transplant, act, flynn, v., holder, economic, liberty, equal, protection, constitutional, challenge, lawsuit, doreen, akiim, deshay, jeff, rowes, chip, mellor, doctor, dr, john, wagner, mike, hamel, shaka, mitchell, kumud, majumder, mark, hachey
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle