United States Court of Appeals for the Ninth Circuit
684 F.3d 852 (9th Cir. 2012)
The National Organ Transplant Act (Act) banned compensating donors of human organs, including bone marrow and “any subpart thereof.” A non-profit organization seeking to incentivize people to donate bone marrow (Flynn) (plaintiffs) brought suit against the government (Holder) (defendant), seeking a declaration that the ban on compensating bone marrow donors was unconstitutional. While bone marrow was traditionally donated by extracting the marrow from donors’ bones with a long needle, in the last 20 years, a new technique, called peripheral blood stem cell apheresis, was introduced. Through peripheral blood stem cell apheresis, the necessary stem cells are extracted by taking blood from donors’ veins.
Rule of Law
Holding and Reasoning (Kleinfeld, C.J.)
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