The Institute for Justice is not challenging Congress' ban on compensation for solid organs such as hearts, kidneys and livers. Instead, the lawsuit challenges only the provision of National Organ Transplant Act that bans compensation for bone marrow. The premise of the Institute for Justice's legal challenge is that there is a fundamental biological distinction between renewable marrow cells and nonrenewable solid organs. In the case of bone marrow, the donor's bone marrow is completely replenished in a few weeks. That's less time than it takes for the human body to fully replenish a pint of donated blood that is often sold to blood banks.
Just about everyone would agree that there would be massive shortages and discontent if there were a congressional mandate that we must depend on our fellow man's generosity for our home, our car, our food and thousands of other items that we use. Why then must a person depend on his fellow man's generosity for an item like bone marrow that might mean the difference between life and death? There is no rhyme or reason for the congressional prohibition of bone marrow other than arbitrary unconstitutional abuse of power that far too many Americans tolerate and would like to see extended to other areas of our lives.
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