Opinion
The government should claim organs for donation by eminent domain
LETTER — Posted Sept. 24, 2007
Regarding "Campaign targets TV's skewed view of organ donation" (Article, Sept. 3): The gap between organ transplantation need and donations has grown, your table shows.
The corpse is a chattel (movable personal property). Chattel is subject to eminent domain.
Kelo v. New London, a recent Supreme Court case, allows condemnation of property for private use. Taking a corpse in eminent domain has great benefit, and serves a noble public purpose by 1) drastically lowering the cost of care of the recipient after transplantation; and 2) transforming a moribund patient into a taxpayer, back at work. The value to the recipient and family is infinite, and has no measurement.
Government deference to superstitious, religious objection by the family of the donor violates the Establishment Clause.
The estate should be compensated with the market value of the corpse, with funeral costs as a sign of good will by the government.
David Behar, MD, Bethlehem, Pa.
Note: This item originally appeared at http://www.ama-assn.org/amednews/2007/09/24/edlt0924.htm.
