Meet the Dream Team Suing the Biden Administration Over Your Right To Sell Your Kidney – Reason
Despite years of advocacy and legal activism from libertarian-leaning academics, the federal government continues to bar Americans from selling their kidneys. Now a service dog trainer and a personal injury attorney are teaming up to take this prohibition down.
Last month, New Jersey man John Bellocchio filed a lawsuit in U.S. District Court for the Southern District of New York against U.S. Attorney General Merrick Garland, challenging the constitutionality of a decades-old federal ban on compensating organ donors.
"Risks are associated with the donation of an organ, yet individuals are wrongfully excluded from being provided with any incentive or compensation for the potential risks that may occur in giving their organ to another," reads his complaint. "There is no valid constitutional or public policy rationale why one should not be able to receive a profit from such a transaction."
For Bellocchiothe owner of Fetch and More, which places service dogs with veterans and other low-income clientsthe issue of organ sales is personal. His company works primarily in Appalachia, he says, where he's encountered many clients who are desperate for a new kidney or some extra cash.
"My colleagues and I saw that there was an enormous need both for kidneys and for money," he tells Reason. "I think what was sort of an esoteric or ephemeral constitutional question became very real for me."
According to his lawsuit, Bellocchio also recently experienced financial distress that led him to look into options for selling his kidney. Through that research, he learned that doing so would put him on the wrong side of the 1984 National Organ Transplant Act (NOTA), which makes it a crime for anyone to "acquire, receive, or otherwise transfer any human organ for valuable consideration for use in human transplantation if the transfer affects interstate commerce."
Violators of this ban face a maximum fine of $50,000 and up to five years in prison.
That prohibition has left the 90,000 patients in need of a kidney on the national transplant list dependent on either finding a donor who is both a physical match and altruistic enough to part with an organ for free or waiting for the exact right stranger to die unexpectedly while they are still young and healthy. Due largely to those constraints, it's estimated that between 5,000 and 10,000 people die for want of a kidney transplant each year. Many more are left to undergo expensive, draining dialysis treatment.
Medicare, which covers kidney patients of all ages, spent $81 billion on patients with chronic kidney disease in 2018. Medicare-related spending on patients with end-stage renal disease totaled $49.2 billion that same year.
These preventable deaths, high treatment costs, and perceived injustice of prohibiting people from voluntarily using their own body as they see fit has led a small but enthusiastic cadre of legal scholars and policy wonks to try to amend or overturn the ban on organ sales.
That includes Lloyd Cohen, a professor at George Mason University's Antonin Scalia Law School, who has been making the case for a market in organs in journal articles and media appearances since the early 1990s.
Because of his long history of public advocacy on this issue, Cohen is usually the first stop for people looking to get more involved in the fight to end the organ war.
"My name is out there in this literature [as] one of the promoters of a market in transplant organs," he says. "What happens is every once in a while, every three months, six months, somebody gets it in his head that this is a good idea. And they start doing research and they find my name and then they get in touch with me."
That includes Bellocchio, who reached out to Cohen a few months ago hoping the law professor might represent him in a lawsuit challenging the federal ban on organ sales.
Cohen, who teaches but doesn't practice law, declined to take up Bellocchio's case. But he was able to connect him with someone who was more than eager to do so.
At the time Bellocchio reached out to him, Cohen had been corresponding with Matthew Haicken, a personal injury attorney in New York City. Like Bellocchio, Haicken became interested in the issue of kidney sales after knowing a few clients who were undergoing dialysis treatment.
"I Googled what it was and I saw videos and it just seemed awful. The more I learned about it and just how inefficient the system was. It's always seemed ridiculous to me," he says. Soon enough, he was reading Cohen's writings and watching his interviews (including one video he did with John Stossel for Reason.)
His growing interest in the issue also dovetailed with his desire to do some public interest pro bono work. "I was brainstorming and I thought, hey, why not the organs issue?" he says. "As a personal injury lawyer, I'm always thinking about what is life worth, what is suffering worth, what are body parts worth?"
Once Cohen introduced Haicken to Bellocchio, the former agreed to represent him on a pro bono basis, and the two were off to the races.
Bellocchio's lawsuit makes two constitutional claims: The first is that a ban on kidney sales violates his freedom of contract as protected by the Fifth and 14th Amendments of the U.S. Constitution. The second is his right to privacy under the 14th Amendment.
His lawsuit cites Supreme Court precedent on birth control and abortion, arguing that "the decision to have a portion of one's own body extracted and sold to one in need is an extremely personal one and must be afforded the same privacy rights that have frequently been extended to matters of personal, bodily autonomy as mentioned above."
This most recent challenge likely faces an uphill battle according to Ilya Somin, another law professor at George Mason University.
"Much as I wish it were otherwise, I fear the lawsuit has little, if any chance of succeeding. Under current Supreme Court precedent, laws restricting economic transactions are subject only to very minimal 'rational basis' scrutiny," writes Somin at The Volokh Conspiracy (which is hosted by Reason). "I believe that precedent should be reversed, or at least significantly revised. But that is unlikely to happen any time soon."
Past efforts to challenge the ban on organ sales have also come to naught.
Cohen says about a decade ago he worked briefly with Sally Satel, a physician and scholar at the American Enterprise Institute to try and assemble a legal challenge to the ban on compensating kidney donors.
Satel tells Reason that she and Jeff Rowes, an attorney with the Institute for Justice, had collaborated briefly on the idea, but it eventually morphed into a narrower (successful) challenge to the NOTA's ban on compensating people who give renewable bone marrow.
On the legislative front, Rep. Matt Cartwright (DPenn.) has proposed a bill that would clarify which types of payments to kidney and other organ donors count as legal reimbursement of expenses under NOTA, and not illegal compensation. Cartwright last introduced this bill in July 2020, but it stalled in committee.
Former President Donald Trump also issued an executive order that expands the definition of kidney donors' legally reimbursable expenses to include the costs of travel, child care, and lost wages.
Libertarian ideas about bodily autonomy have proven surprisingly successful in recent years at liberalizing drug laws. They're starting to move the conversation on things like sex work as well. The prohibition on kidney sales remains stubbornly stalled, however.
Satelwho once received a donated kidney from former Reason Editor in chief Virginia Postrelchalks up the lack of progress to people's own instinctual distaste at the idea of a market for organs, and the narrow appeal of kidney disease as an issue.
"Unfortunately, because it's so niche, there's only one major interest group and that's the National Kidney Foundation," which she says remains opposed to compensating kidney donors.
Cohen says much the same thing: "It doesn't have an interest group that can coalesce. It's not like a race or religion. People who themselves have had some bad luck or people in their family who've had bad luck and have kidney disease."
Both Haicken and Bellocchio hope that their lawsuit can be that catalyst for change.
"I've been contacted by people all over the country. People are very positive about it," says Haicken. "I have gotten some hate mail, but that's mostly been from my friends and family."
Only time will tell if they'll be successful. It would be a great thing if they were, says Cohen.
"There are organs that can be restoring people to life and health instead of being fed to worms," Cohen tells Reason. "Not because people have a fundamental objection to giving up their organs, but because it is illegal for them to get any compensation."
More here:
Meet the Dream Team Suing the Biden Administration Over Your Right To Sell Your Kidney - Reason
- Abdul El-Sayed's Treasurer Behind Super PAC Pushing Third-Party Libertarian as 'True Conservative' in Michigan Senate Race - freebeacon.com - October 26th, 2026 [October 26th, 2026]
- As Rep. Allen Buansi runs for reelection, libertarian Matthew Clements once again tries for the District 56 seat - The Daily Tar Heel - October 26th, 2026 [October 26th, 2026]
- Why Libertarian Thomas Laehn said that he wants to win a U.S. Senate seat in Iowa - KTIV - October 26th, 2026 [October 26th, 2026]
- Libertarian Texas Senate Candidate says US needs alternatives for political parties | The Hill Sunday - Yahoo - October 26th, 2026 [October 26th, 2026]
- Meet the Democrats and Libertarian running for Louisianas 6th Congressional District - AOL.com - October 26th, 2026 [October 26th, 2026]
- Donald Rainwater on Why Libertarian Party is Worth Saving in Indiana - YouTube - October 26th, 2026 [October 26th, 2026]
- Is a Libertarian cabal trying to take over the Oxnard City Council? - Ventura County Star - October 24th, 2026 [October 24th, 2026]
- A Libertarian Warned of the New Rights Authoritarianism 40 Years AgoTodays National Conservatives Are Proving Him Right - Cato Institute - October 24th, 2026 [October 24th, 2026]
- Could a Libertarian Swing the Texas Senate Race? - Reason Magazine - October 24th, 2026 [October 24th, 2026]
- The Texas Libertarian who could hold the key to a Talarico victory - Yahoo - October 24th, 2026 [October 24th, 2026]
- Libertarian candidate calls on Ramaswamy to withdraw from race for Ohio governor - The Statehouse News Bureau - October 24th, 2026 [October 24th, 2026]
- The Texas Libertarian Who Could Hold the Key to a Talarico Victory - Newsweek - October 24th, 2026 [October 24th, 2026]
- Libertarian Villee will appear on ballot for New Hampshire governor - WMUR - October 24th, 2026 [October 24th, 2026]
- Why Libertarian Thomas Laehn said that he wants to win a U.S. Senate seat in Iowa - KEYC News Now - October 24th, 2026 [October 24th, 2026]
- Meet the Democrats and Libertarian running for Louisianas 6th Congressional District - KLFY.com - October 24th, 2026 [October 24th, 2026]
- November Election: Libertarian Missouri auditor candidate says job shouldnt be partisan - KY3 - October 24th, 2026 [October 24th, 2026]
- Libertarian US Senate candidate Kyle Austin pitches himself as an alternative for voters - News From The States - October 24th, 2026 [October 24th, 2026]
- Could a Libertarian Swing the Texas Senate Race? - Yahoo - October 24th, 2026 [October 24th, 2026]
- X Bans Former Libertarian Party AffiliateAfter the State Requests It - Reason Magazine - October 24th, 2026 [October 24th, 2026]
- 'Face the State' | Libertarian candidate joins 10TV to break down his campaign goals - 10TV - October 17th, 2026 [October 17th, 2026]
- Ayotte calls on X to suspend Libertarian Party account over death threats; AG reviewing posts - Nashua Ink Link - October 17th, 2026 [October 17th, 2026]
- Ron Paul backs Libertarian Jeremy Todd in race for Massies congressional seat - LINK nky - October 17th, 2026 [October 17th, 2026]
- NH gov seeks to have Libertarian Party of NH's X account suspended after latest call for violence - Boston.com - October 17th, 2026 [October 17th, 2026]
- Interview with Shawn Johnson, Libertarian Party candidate for U.S. House - Wyoming Public Media - October 10th, 2026 [October 10th, 2026]
- Libertarian Ken Krawchuk vows to fix schools, cut taxes in 4th run for Pa. governor - TribLIVE.com - October 2nd, 2026 [October 2nd, 2026]
- Spoiler alert: Libertarian candidate gives Ken Paxton headaches in Texas Senate race - Washington Times - October 2nd, 2026 [October 2nd, 2026]
- Michigan Libertarian Party disavows its nominee for governor - mlive.com - October 2nd, 2026 [October 2nd, 2026]
- Guest heavily favored to win re-election in Mississippis 3rd Congressional District over Democrat, Libertarian challengers - The Star-Herald - October 2nd, 2026 [October 2nd, 2026]
- Backlash ensues after the Libertarian Party of New Hampshire calls for assassinations, again - boston.com - October 2nd, 2026 [October 2nd, 2026]
- N.H. Libertarian group spurned by national party sparks fresh backlash with calls to assassinate Democrats - The Boston Globe - September 26th, 2026 [September 26th, 2026]
- Guest heavily favored to win re-election in Mississippi's 3rd Congressional District over Democrat, Libertarian challengers - Magnolia Tribune - September 26th, 2026 [September 26th, 2026]
- Libertarian Party of New Hampshire condemned after call for political assassination - Yahoo - September 26th, 2026 [September 26th, 2026]
- Assassination Post By Libertarian Widely Condemned | Woman Charged With DUI Twice In 17 Hours: PM Patch NH - Patch - September 26th, 2026 [September 26th, 2026]
- N.H. Libertarian Party Says It Supports 'The Assassination Of Basically Every Elected Democrat In State - HuffPost - September 24th, 2026 [September 24th, 2026]
- Libertarian Leanings: Mike Johnson proves that no man's life, liberty or property are safe while the Legislation isn't in session - Havasu News - September 20th, 2026 [September 20th, 2026]
- Libertarian candidate for Ohio governor wants place in debate conversation - The Statehouse News Bureau - September 17th, 2026 [September 17th, 2026]
- Michigans Libertarian Party becomes the Island of Misfit Candidates - Lansing City Pulse - September 17th, 2026 [September 17th, 2026]
- Nick Offerman says 'Parks and Rec' character would 'listen to reason' and reconsider his libertarian beliefs - Fox News - September 11th, 2026 [September 11th, 2026]
- BC Greens, Libertarian Party announce Abbotsford-Mission byelection candidates - Abbotsford News - September 8th, 2026 [September 8th, 2026]
- 'Sweden Is Not a Libertarian Paradise': Socialist Swedes Want to Rebuild Their Bloated Welfare State - cbn.com - September 8th, 2026 [September 8th, 2026]
- Libertarian takes on Rep. Beyer, pledging to cut government waste, support civil liberties - ARLnow - September 4th, 2026 [September 4th, 2026]
- Libertarian candidate for governor picks Facebook fight about abortion, gets an education - Arkansas Times - September 4th, 2026 [September 4th, 2026]
- Federal judge keeps Libertarian off NJ-7 ballot, while saying the state wronged her - newjerseyglobe.com - September 4th, 2026 [September 4th, 2026]
- Libertarian Pat Dixon on the ballot for Texas Governor in midterm election - Herald-Zeitung - September 4th, 2026 [September 4th, 2026]
- Idaho Libertarian Party now has no limit on this type of campaign spending - Idaho Statesman - August 22nd, 2026 [August 22nd, 2026]
- Inside the libertarian city on a Caribbean island backed by Silicon Valley - ABC News & Headlines Australian Broadcasting Corporation - August 22nd, 2026 [August 22nd, 2026]
- Democracys Three Moral Languages: Conservative, Liberal, and Libertarian - providencemag.com - August 22nd, 2026 [August 22nd, 2026]
- Libertarian candidate for Pa. state House withdraws after petition challenge - TribLIVE.com - August 18th, 2026 [August 18th, 2026]
- Libertarian candidate for U.S. House Rick Stewart takes questions from the press at the Iowa State Fair on Aug. 15, 2026, in Des Moines. -... - August 18th, 2026 [August 18th, 2026]
- VIDEO: Paradise Inc.: The libertarian experiment on a Caribbean island backed by Silicon Valley - ABC News & Headlines Australian Broadcasting... - August 18th, 2026 [August 18th, 2026]
- Peter Thiel to Headline Libertarian Summit in Buenos Aires, Uniting Chile's Far Right and Mining Sector - elciudadano.com - August 16th, 2026 [August 16th, 2026]
- Colt following: Could Libertarian candidate Colt Shelby have the best shot against Gov. Sarah Sanders? - Arkansas Times - August 14th, 2026 [August 14th, 2026]
- Pedagogy of the Marginalized: A Libertarian Solution for Black Academic Achievement - Race, Racism and the Law - August 14th, 2026 [August 14th, 2026]
- Four candidates are in the running for Ohio's U.S. Senate seat this November. From left: incumbent Republican U.S. Senator Jon Husted, former... - August 14th, 2026 [August 14th, 2026]
- Libertarian Party of Iowa Selects Jake Heard and Chuck Aldrich to Fill Ballot Vacancies - River Cities' Reader - August 14th, 2026 [August 14th, 2026]
- Second Iowa Libertarian candidate withdraws from November election - KCCI - August 11th, 2026 [August 11th, 2026]
- After resisting pressure from Zach Nunn and RFK Jr. to drop his bid for Congress, Libertarian Marco Battaglia leaves anyway, citing medical emergency... - August 11th, 2026 [August 11th, 2026]
- July 27: Stephanie Dasbach named Libertarian Party of Indiana chair - Fort Wayne Business Weekly - August 1st, 2026 [August 1st, 2026]
- Iowa judge rules to keep one Libertarian off ballot, while another hangs on - Daily Nonpareil - August 1st, 2026 [August 1st, 2026]
- Iowa judge rules to keep one Libertarian off ballot, another hangs on - The Quad-City Times - August 1st, 2026 [August 1st, 2026]
- Iowa judge rules to keep one Libertarian off ballot, another hangs on - Waterloo-Cedar Falls Courier - August 1st, 2026 [August 1st, 2026]
- Iowa judge rules to keep one Libertarian off ballot, another hangs on - Sioux City Journal - August 1st, 2026 [August 1st, 2026]
- Judge opts to keep Libertarian candidates off November ballot - WQAD - July 30th, 2026 [July 30th, 2026]
- Judge rules Libertarian candidates for Iowa Governor can't be on the ballot - KCAU 9 News - July 30th, 2026 [July 30th, 2026]
- Read the ruling: Judge keeps Libertarian gov., lt. gov. candidates off Iowa ballot - Dispatch Argus - July 30th, 2026 [July 30th, 2026]
- Libertarians Must Defend Tribal Sovereignty at Bears Ears - Libertarian Party - July 28th, 2026 [July 28th, 2026]
- Iowa judge to decide if Libertarian governor ticket will be on ballot - The Des Moines Register - July 28th, 2026 [July 28th, 2026]
- Libertarian Party of Wisconsin Calls for Immediate Action on Madison Police Body Cameras - Urban Milwaukee - July 28th, 2026 [July 28th, 2026]
- Charges Dropped Against Controversial Libertarian Leader - InDepthNH.org - July 11th, 2026 [July 11th, 2026]
- Libertarian Candidate Krawchuk Pub Crawl Stops In The Valley | - WKOK.com - July 11th, 2026 [July 11th, 2026]
- Voters have a Libertarian option in state Senate District 13 this November - WAJR - July 7th, 2026 [July 7th, 2026]
- Libertarian congressional candidate fights to get back on Iowa election ballot - KCRG - July 6th, 2026 [July 6th, 2026]
- Tracing Jeffersons Libertarian Thought in the Declaration of Independence - Mises Institute - July 6th, 2026 [July 6th, 2026]
- Audio: RFK Jr. urges Libertarian candidate to drop out of race to help GOP keep House | CNN Politics - CNN - July 1st, 2026 [July 1st, 2026]
- OPINION | JOHN BRUMMETT: In Arkansas governor debate, Libertarian wins the round - The Arkansas Democrat-Gazette - July 1st, 2026 [July 1st, 2026]
- Duval GOP tries to oust Libertarian from ballot; key hearings coming this week - JaxToday - July 1st, 2026 [July 1st, 2026]
- RFK Jr. urges another Iowa Libertarian to leave House race, recording shows - thegazette.com - July 1st, 2026 [July 1st, 2026]
- Iowa Libertarian candidates sue to get back on the ballot - KCRG - July 1st, 2026 [July 1st, 2026]
- RFK Jr. recorded trying to entice Iowa Libertarian to quit House race: 'I cant go into specifics because theres legal prohibitions' - Little Village... - July 1st, 2026 [July 1st, 2026]
- The Libertarian Position on the War and Imperialism of the U.S. State - Mises Institute - July 1st, 2026 [July 1st, 2026]