The number of people on the waiting list for organ transplants on any given day in 1996 ranged between 44,000 and 50,000, while approximately 70,000 Americans were registered for a transplant at some point during the year. Although 20,260 new organs were transplanted in 1996, only 5,411 people provided those organs. And the waiting list for organs never seems to diminish—about 4,300 people were added to the 1996 list, replacing the approximately 4,000 who died due to a lack of available organs.

Congress has attempted to alleviate the organ shortage with several acts. The Uniform Anatomical Gift Act of 1968 made it easy for people to donate their organs by simply signing organ donor cards. In 1986 Congress passed “routine enquiry” legislation, requiring hospitals that received Medicare and Medicaid funds to ask families of potential donors if they would allow their loved ones’ organs to be harvested. Despite...