• Law Study Aids
    • Case Briefs
    • Lessons
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Business Organizations & Associations
        • Criminal Procedure
        • Evidence
        • Family Law
        • Secured Transactions
        • Wills, Trusts & Estates
    • Outlines
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Agency
        • Business Organizations & Associations
        • Conflicts of Law
        • Corporations
        • Criminal Procedure
        • Evidence
        • Family Law
        • Intellectual Property
        • Partnerships
        • Secured Transactions
      • Exam Prep Checklists
        • Access 1L Checklists
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • Access 2L/3L Checklists
          • Agency
          • Criminal Procedure
          • Corporations/Business Entities
          • Evidence
          • Family Law
          • Partnership
          • Trusts
          • U.C.C. ART. 9
          • Wills
    • Refresher Courses
      • 1L
        • Constitutional Law
        • Contracts Law
        • Criminal Law
        • Property Law
        • Torts Law
      • 2L/3L
        • Criminal Procedure
        • Evidence Law
    • Exam Prep Pro
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Business Organizations & Associations
        • Conflicts of Law
        • Criminal Procedure
        • Evidence
        • Family Law
        • Secured Transactions
        • Wills, Trusts & Estates
    • Multiple Choice Quizzes
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Business Organizations & Associations
        • Conflicts of Law
        • Criminal Procedure
        • Evidence
        • Family Law
        • Secured Transactions
        • Wills, Trusts & Estates
    • Exam Prep Workshops
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
    • Charts and Notes
      • 1L
        • Civil Procedure
        • Constitutional Law
        • Contracts
        • Criminal Law
        • Property Law
        • Torts
      • 2L/3L
        • Criminal Procedure
        • Evidence
  • Courses
    • 1L Prep Course
  • Solutions
    • Professors and Institutions
    Generic selectors
    Exact matches only
    Search in title
    Search in content
    Post Type Selectors
    Advanced Search | Notes Search
    Start My FREE 7-DAY Trial
    Log In
    StuddyBuddy Pro
    Apple
    Facebook
    Google

    Forgot Password?

    Forgot Password?

    Forgotten Password

    Cancel

    Generic selectors
    Exact matches only
    Search in title
    Search in content
    Post Type Selectors

    • Law Study Aids
      • Case Briefs
      • Lessons
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Business Organizations & Associations
          • Criminal Procedure
          • Evidence
          • Family Law
          • Secured Transactions
          • Wills, Trusts & Estates
      • Outlines
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Agency
          • Business Organizations & Associations
          • Conflicts of Law
          • Corporations
          • Criminal Procedure
          • Evidence
          • Family Law
          • Intellectual Property
          • Partnerships
          • Secured Transactions
        • Exam Prep Checklists
          • Access 1L Checklists
            • Civil Procedure
            • Constitutional Law
            • Contracts
            • Criminal Law
            • Property Law
            • Torts
          • Access 2L/3L Checklists
            • Agency
            • Criminal Procedure
            • Corporations/Business Entities
            • Evidence
            • Family Law
            • Partnership
            • Trusts
            • U.C.C. ART. 9
            • Wills
      • Refresher Courses
        • 1L
          • Constitutional Law
          • Contracts Law
          • Criminal Law
          • Property Law
          • Torts Law
        • 2L/3L
          • Criminal Procedure
          • Evidence Law
      • Exam Prep Pro
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Business Organizations & Associations
          • Conflicts of Law
          • Criminal Procedure
          • Evidence
          • Family Law
          • Secured Transactions
          • Wills, Trusts & Estates
      • Multiple Choice Quizzes
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Business Organizations & Associations
          • Conflicts of Law
          • Criminal Procedure
          • Evidence
          • Family Law
          • Secured Transactions
          • Wills, Trusts & Estates
      • Exam Prep Workshops
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
      • Charts and Notes
        • 1L
          • Civil Procedure
          • Constitutional Law
          • Contracts
          • Criminal Law
          • Property Law
          • Torts
        • 2L/3L
          • Criminal Procedure
          • Evidence
    • Courses
      • 1L Prep Course
    • Solutions
      • Professors and Institutions
    Start My FREE 7-DAY Trial
    Log In Sign up
    StuddyBuddy Pro
    Apple
    Facebook
    Google

    Forgot Password?

    Forgot Password?

    Forgotten Password

    Cancel
    A.I Enhanced Margin Brief to quickly recall case brief A.I Enhanced Margin Brief to quickly recall case brief 0
    To print, please Start a Free Trial or Log in.

    Confirm favorite deletion?

    Cancel Yes, Delete

    Health Law Keyed to Furrow

    View this case in different Casebooks
    Property Law Keyed to SingerProperty Keyed to Merrill

    Flynn v. Holder

    Facts

    The Plaintiffs are parents of sick children who have diseases such as leukemia and a rare type of anemia, which can be fatal without bone marrow transplants. They, along with a doctor and professor, claim that one out of five patients die because no matching bone marrow donor can be found, and many other patients have complications when scarcity of matching donors compels the use of imperfectly matched donors. Another Plaintiff, a non-profit organization, wants to operate a program incentivizing bone marrow donations. The corporation would like to offer $3,000 awards in the form of scholarships, housing allowances, or gifts to charities selected by donors. The initial donors are to be minority and mixed race donors of bone marrow cells, who are likely to have the rarest marrow cell type. The Plaintiffs claim that the program cannot be launched because the National Organ Transplant Act (NOTA) criminalizes payment of compensation for organs, and classifies bone marrow as an organ. Originally, bone marrow was removed from a donor's bones by "aspiration." Long needles, thick enough to suck out the soft, fatty marrow, were inserted into the cavities of the anesthetized hipbones of the donor. These are large bones with big central cavities full of marrow. Aspiration was a painful, unpleasant procedure for the donor. It required the donor to be hospitalized and under general or local anesthesia, as well as involving commensurate risks. With a newer and less invasive procedure, none of the soft, fatty marrow is actually donated. Patients who need bone marrow transplants do not need everything that the soft, fatty substance from bone cavities contains, only some of the marrow's "hematopoietic stem cells." Some blood stem cells flow into and circulate in the bloodstream before they mature. These are called "peripheral" blood stem cells. ["Peripheral" in this context means outside the central area of the body.] The new bone marrow donation technique is called "peripheral blood stem cell apheresis." ["Apheresis" uses a machine to separate one element of the blood from the rest and then return the remainder to the donor's body.] The main difference between an ordinary blood donation and apheresis is that instead of just filling up a plastic bag with whole blood, the donor sits for several hours in a recliner while the blood passes through the apheresis machine. This same apheresis technique is sometimes used for reasons other than bone marrow donations, such as setting the machine up to collect plasma or platelets, rather than stem cells, from a donor's blood. When used for these other purposes, the exact same technique is called a "blood donation" or "blood plasma donation." When used to separate out and collect hematopoietic stem cells from the donor's bloodstream, apheresis is called "peripheral blood stem cell apheresis" or a "bone marrow donation." Despite the establishment of the NOTA registry, which is funded by the federal Government (Defendant), many times good matches cannot be found. Even when a good match is found in the registry, tracking down the potential donor from what may be an outdated address may be impossible to accomplish in time to save the life of the patient—assuming the potential donor is willing to go through with the process when found. The Plaintiff nonprofit proposes to mitigate this matching problem with a financial incentive. The idea is that the financial incentive will encourage more donors to sign up and to stay in touch so they can be located when necessary, and go through with the donations. The nonprofit planning to give financial incentives acknowledges that it would be "valuable consideration" under the statutory prohibition. Plaintiffs argue that NOTA violates the Equal Protection Clause. They claim that blood stem cell harvesting is not very different from blood, sperm, and egg harvesting, which are not included under the statutory or regulatory definitions of "human organ." A bone marrow donor undergoing apheresis, same as a blood or sperm donor, suffers no permanent harm, experiences no significant risk, and quickly regenerates what is donated. Regarding the pilot program, Plaintiffs also argue that any rational basis Congress had when it passed the statute no longer exists because of the later development of the apheresis method. Plaintiffs seek declaratory and injunctive relief to proceed with the initiative. The district court dismissed the Plaintiffs suit, which was then appealed.

    Only StudyBuddy Pro offers the complete Case Brief Anatomy*

    Access the most important case brief elements for optimal case understanding.

    *Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue

    • The Brief Prologue provides necessary case brief introductory information and includes:
    • Topic:

      Identifies the topic of law and where this case fits within your course outline.
    • Parties:

      Identifies the cast of characters involved in the case.
    • Procedural Posture & History:

      Shares the case history with how lower courts have ruled on the matter.
    • Case Key Terms, Acts, Doctrines, etc.:

      A case specific Legal Term Dictionary.
    • Case Doctrines, Acts, Statutes, Amendments and Treatises:

      Identifies and Defines Legal Authority used in this case.
    Start Your Free Trial or Log in.
    • The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
    • Brief Facts:

      A Synopsis of the Facts of the case.
    • Rule of Law:

      Identifies the Legal Principle the Court used in deciding the case.
    • Facts:

      What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
    • Issue(s):

      Lists the Questions of Law that are raised by the Facts of the case.
    • Holding:

      Shares the Court's answer to the legal questions raised in the issue.
    • Concurring / Dissenting Opinions:

      Includes valuable concurring or dissenting opinions and their key points.
    • Reasoning and Analysis:

      Identifies the chain of argument(s) which led the judges to rule as they did.
    Start Your Free Trial or Log in.
    • The Brief Prologue closes the case brief with important forward-looking discussion and includes:
    • Policy:

      Identifies the Policy if any that has been established by the case.
    • Court Direction:

      Shares where the Court went from here for this case.
    Start Your Free Trial or Log in.

    MarginBrief™ Case overview for optimal recall

    A.I Enhanced Margin Brief to quickly recall case brief
    A.I Enhanced Margin Brief to quickly recall case brief

    Generating...

    Facts:

    Quickly review the Facts of this case including its key ideas for optimal understanding and recall.

    Quickly review the Facts of this case including its key ideas for optimal understanding and recall.

    Issue:

    Utilize our powerful A.I. tools to easily capture and understand the Issue in this case.

    Utilize our powerful A.I. tools to easily capture and understand the Issue in this case.

    Rule:

    Easily understand the Rule in this case so you have a complete and thorough appreciation for overall case concepts completely tying together what occurred, the court’s questions and the case outcome.

    Easily understand the Rule in this case so you have a complete and thorough appreciation for overall case concepts completely tying together what occurred, the court’s questions and the case outcome.

    Start Your Free Trial or Log in.

    Your Law School
    Success Begins Here

    • Case Briefs - the Socratic Savior! – Best in class and Largest Library of complete I.R.A.C. / C.R.E.A.C. Law School case briefs. Includes:
      • SmartBriefs® - Enhanced case briefs for optimal clarity
      • CaseCast® - Professor overviews of "What you need to know"
      • New MarginBrief® - A.I. - Powered for faster, more efficient case recall
    • Lessons - Professor delivered video for topic reinforcement
    • Outlines - Professor written - downloadable, amendable and includes test-taking tips and tools
    • Refresher Courses - Quick course reviews with interactive exercises
    • Quizzes and Exams - over 5,000 Multiple Choice and Essay questions all Professor curated and answered
    • Exam Prep Workshops - Delivered by Professors on how to disect, organize and answer law school exam questions
    • and so much more ...
    Start your FREE Trial

    Notepad Click anywhere in notepad to add a note

    Flynn v. Holder