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Organ Donations and Judicial Activism


Via John Hood, I see that the Institute for Justice is suing to overturn the federal ban on compensating bone marrow donors. Hood writes that “this is a tricky area, fraught with peril unless policymakers craft careful policies to police abuse,” but favors allowing compensation. That’s a reasonable position. I suspect most conservatives and libertarians will, however, be highly skeptical of the idea that judges should be the “policymakers.” That the case relies on “substantive due process” and a creative theory of “equal protection” will not make them less skeptical. 


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