Since 1984, federal law has prohibited the sale of human organs. “It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human organ for valuable consideration for use in human transplantation if the transfer affects interstate commerce." 42 U.S.C. § 274e(a).
This week, John Bellocchio filed a federal lawsuit against Attorney General Merrick Garland arguing that this prohibition is unconstitutional. He argues that the risks of donation are low, and the need for organs is high. We compensate human research subjects and permit individuals to sell blood plasma, eggs and sperm. And it is legal in many states to rent a womb. Why can't we similarly compensate organ donors?
Interestingly, in addition to a freedom of contract claim, Bellocchio cites Roe and Griswold to contend that his right to sell a kidney falls within his constitutional right to privacy concerning personal matters and decisions involving his own body.
No comments:
Post a Comment