Selling Bone Marrow — Flynn v. Holder
On December 1, 2011, in Flynn v. Holder, the U.S. Court of Appeals for the Ninth Circuit held that the ban on selling ?bone marrow? that is part of the National Organ Transplant Act (NOTA) of 19841 does not encompass ?peripheral blood stem cells? obtained through apheresis. This ruling means that the sale of blood stem cells for transplantation will now be permitted.2 The court based its holding solely on statutory interpretation of NOTA, not the plaintiffs' more radical claim that the prohibition on selling bone marrow violates the Equal Protection Clause of the U.S. Constitution, which prohibits the federal . . .