HomeUploadUpload DirectHotlinkRandomAbouttheme toggle
Expand

Challenging the Ban on Compensating Bone Marrow Donors - Press Conference 10/28/09 Pt. 2 Q&A

Views:1207
@IJvids

Press conference at the National Press Club.

Media Contact: John E. Kramer (703) 682-9320
(DVD of press conference is available for TV-News outlets)

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.
Donate to IJ: https://ij.org/support/give-now/

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
    Thumbnail for Victory over Eminent Domain in Long Branch, NJ on FOX NEWS Hannity0:52
    Victory over Eminent Domain in Long Branch, NJ on FOX NEWS Hannity
    IJvids
    931 views
    Thumbnail for Stossel: Little Pink House4:09
    Stossel: Little Pink House
    ReasonVids
    941 views
    Thumbnail for Do You Have a Right To Repair Your Phone? The Fight Between Big Tech and Consumers12:11
    Do You Have a Right To Repair Your Phone? The Fight Between Big Tech and Consumers
    ReasonVids
    965 views
    Thumbnail for Milana Vayntrub on "Milkies" meme4:13
    Milana Vayntrub on "Milkies" meme
    Dismiss
    1339 views
    Thumbnail for A British 100:05
    A British 10
    AOUisgay
    498 views
    Thumbnail for Do White Lives Matter?8:10
    Do White Lives Matter?
    AmericanRenaissance
    1778 views
    Thumbnail for sandy cheeks the jungle book | matt knezz4:57
    sandy cheeks the jungle book | matt knezz
    mattkne
    109 views
    Thumbnail for Live streamer stops an asian getting stabbed and robbed1:00
    Live streamer stops an asian getting stabbed and robbed
    bestofvoatxyz
    1489 views
    Thumbnail for Deftones - Simple Man1:00
    Deftones - Simple Man
    bestofupgoat
    263 views
    Thumbnail for How Open-Access Journals Are Transforming Science19:00
    How Open-Access Journals Are Transforming Science
    ReasonVids
    1164 views
    Thumbnail for dwb broke a world record!0:32
    dwb broke a world record!
    bestofupgoat
    246 views
    Thumbnail for Zach Wahls, His Two Moms, & The Future of Same-Sex Marriage7:21
    Zach Wahls, His Two Moms, & The Future of Same-Sex Marriage
    ReasonVids
    1003 views
    Thumbnail for How Portland's Protests Drifted into ‘Dangerous Territory’4:24
    How Portland's Protests Drifted into ‘Dangerous Territory’
    ReasonVids
    996 views
    Thumbnail for Victimizing the Vulnerable: Eminent Domain Abuse in National City, Calif.3:44
    Victimizing the Vulnerable: Eminent Domain Abuse in National City, Calif.
    IJvids
    883 views
    Thumbnail for "Influencer factory" in Indonesia. You can be sure that same operation is running in the West0:49
    "Influencer factory" in Indonesia. You can be sure that same operation is running in the West
    AOUisgay
    464 views
    Thumbnail for X-files: prediction how they will takeover America4:25
    X-files: prediction how they will takeover America
    bestofupgoat
    581 views
    Thumbnail for Pac-Man Game10:00
    Pac-Man Game
    stumble_bro
    545 views
    Thumbnail for "Freeway" Rick Ross on How He Introduced Crack to the U.S. and Made Millions Off the War on Drugs10:26
    "Freeway" Rick Ross on How He Introduced Crack to the U.S. and Made Millions Off the War on Drugs
    ReasonVids
    974 views
    Thumbnail for Should You Marry a Single Mom? 12:32
    Should You Marry a Single Mom?
    Terrence Popp
    820 views
    Thumbnail for Ron Paul Banned from DC! Roommates Banned in NY! (Nanny of the Month, Feb '13)1:45
    Ron Paul Banned from DC! Roommates Banned in NY! (Nanny of the Month, Feb '13)
    ReasonVids
    935 views
    Thumbnail for its called pilpul, when a jew argues in circles because they dont have facts1:13
    its called pilpul, when a jew argues in circles because they dont have facts
    bestofupgoat
    109 views
    Thumbnail for Cop’s Obama Rant Embarrasses Officials, Spurs 2014 Nanny of the Year Win2:22
    Cop’s Obama Rant Embarrasses Officials, Spurs 2014 Nanny of the Year Win
    ReasonVids
    956 views
    Thumbnail for You're Gay?  Keep That Shit To Yourself!0:32
    You're Gay? Keep That Shit To Yourself!
    bestofupgoat
    130 views
    Thumbnail for INDIA THE WORST COUNTRY ON EARTH1:22:11
    INDIA THE WORST COUNTRY ON EARTH
    bestofupgoat
    308 views
    Thumbnail for Eugene Volokh on Gun Rights, Free Expression, and the Nanny State9:36
    Eugene Volokh on Gun Rights, Free Expression, and the Nanny State
    ReasonVids
    1003 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