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Flynn v. Holder

United States Court of Appeals for the Ninth Circuit
684 F.3d 852 (2012)


Parents of children with terminal diseases, a physician, and MoreMarrowDonors.org, a not-for-profit advocacy organization, (plaintiffs) filed suit in federal district court against Eric Holder, Jr., (defendant) in his official capacity as Attorney General of the United States, challenging the constitutionality of the National Organ Transplant Act (NOTA), 42 U.S.C. § 274e, as violating the Equal Protection Clause of the U.S. Constitution. The NOTA categorized bone marrow as a human organ and prohibited individuals from being compensated for their bone marrow donations, thereby limiting the number of potential donors. The district court dismissed Plaintiffs’ complaint for failure to state a claim upon which relief could be granted. Plaintiffs appealed.

Rule of Law


Holding and Reasoning (Kleinfeld, J.)

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