Suppose I donated bone marrow to help save someone’s life … and you, to encourage people like me to step forward, offered college scholarships for such donations.
Most folks would applaud us. But not the federal government. It would charge us with a felony and send us to prison for up to five years.
The fear that people might sell their non-renewable organs — such as kidneys — for money, led Congress to pass The National Organ Transplant Act in 1984. The act also makes it illegal to compensate someone for donating bone marrow — which is renewable.
Thousands of Americans have rare and potentially fatal blood diseases requiring bone marrow transplants, often from a stranger. Every year thousands die because they can’t find donors.
The folks at MoreMarrowDonors.org want to recruit more donors through scholarships and financial incentives. Makes sense. But by law they can’t.
Doreen Flynn has three daughters with a blood disease. To fight their deadly disease, she is stepping forward to fight this deadly law that blocks their treatment.
Flynn and MoreMarrowDonors.org, represented by the Institute for Justice, have sued the U.S. Attorney General to overturn the ban on compensating bone marrow donors. The case is Flynn v. Holder.
Attorney Jeff Rowes put it plainly: “The bottom line is that throwing people in prison for trying to save lives isn’t just wrong; it’s unconstitutional.”
This is Common Sense. I’m Paul Jacob.
6 replies on “A Deadly Law”
Why the lawsuit? It would seem more practical to publicise the situation and recruit Congressional sponsors to amend the law to exempt bone marrow.
I think the entire law should eb overturned.
Enough of this nanny state government.
I think if people want to sell their eyes, kidneys, whatever-let them. Hypothetical-peron si dying of some disease; wants to end the pain but his eyes or kidneys (or both, or whatever) si good- he/she should be allwoed to sell them- to dfry costs, or get drunk, or whatever they want to do, including if they wish to die with dignity.
My views.
And while there-possibly go through many of our other laws, and repeal or throw thsoe out also
This is certainly a step. It is, of course, too late for some people. For their grieving family members, is it possible to threaten lawmakers and bureaucrats involved with these laws with “criminal negligence causing death” or some similar sort of charge?
I’m not sure any of the bullies enforcing these laws on the public will ever be made to care what they are doing to people until they are PERSONALLY made to face the consequences of their actions.
[…] Common Sense with Paul Jacob — Brought to You by Citizens in Charge Foundation » Archive » A Deadl… thisiscommonsense.com/?p=5645 – view page – cached Suppose I donated bone marrow to help save someone’s life … and you, to encourage people like me to step forward, offered college scholarships for such donations. […]
Attorney Jeff Rowes put it plainly: “The bottom line is [the law] isn’t just wrong; it’s unconstitutional.” Our bodies are not the property of the federal government. If (XXX) needs a kidney and (YYY) wants to sell his and he meets the medical requirements, the transaction is, ideally, nobody else’s business. U.S. citizens should have the freedom as people in other countries do to engage in such transactions, if they choose to do so. Repeal the National Organ Transplant Act.
How is this any different from paying people for donating blood?