Commerce clause of the US Constitution. The organ network is national and the organ could come from anywhere in the network. A state network would be limited to in-state donors. I don't think an unregulated market in human organs is a good idea. Since it needs to be regulated and it's national in scope, it is run by a private non-profit that contracts with HHS. HHS and the courts are involved because the parents didn't want to accept the decisions of the Orgon Procurement and Transplant Network and went over their heads, so to speak. Sebelius made the right call to not get involved in an individual case, IMO. The judge should have made the same decision. What's going to happen in the 10 day restraining period? What happens if the OPTN appeals and tells the higher court that the criteria is medically sound and that the lower court should mind its own non-medical business and not make judgments outside of its paygrade? If the OPTN has to spend too much time and money on lawyers, then it interferes with their mission to maximize lifesaving transplants. Eventually, they will quietly require listees sign a legal waiver of rights to sue in order to get on the OPTN list to prevent this from happening again. So many act like the government is denying her medical care. Seriously, nobody has a right to a human organ (other than their own). This thread is all emotions and not much logic. Our country has gone insane.
Very well put. It’s hard to not let the heart rule the head when witnessing a family fighting for their daughter’s life. Cystic Fibrosis is a horrendous disease. I know, I have it but am not eligible for transplant. What we don’t see are the other children and their families waiting for donor lungs, not to mention young adults. I know of such people and my heart aches for them because they are playing by the rules. This ruling pertains to Sarah only. I don’t have much use for Sebelius, but I won’t use this for a kneejerk reaction to blame her for leaving these decisions to healthcare professionals.