Filing updates Arkansas organ donation lawsuit

LITTLE ROCK, Ark. – A Friday hearing in federal court in Little Rock moved the case seeking to stop changes to the organ donation law further along.

Court records show that Judge James M. Moody Jr. held a hearing on the injunction, which kept the changes from taking effect on Friday. As a result of the hearing, Moody ordered a further briefing by Sept. 29 while he takes the matter under advisement.

The injunction placed on Aug. 4 to prevent the changes to the law from taking effect remains in place after today’s hearing.

The issue is Act 861 of 2025. Due to take effect on Aug. 5, it changes the law by allowing someone with the power of attorney, relatives, or guardians of an organ donor to halt their organ donation. The act also requires any organ procurement organization to report to the legislative council each year its activity level and the number of times a donation was halted.

The lawsuit was filed by Southern Legacy of Life, which advocates for organ and tissue donation.

“Act 861 undermines donor authorization, confuses medical systems, and conflicts with federal law,” SLL CEO Mark Tudor said at the time of the August filing. “Every Arkansan who joins the donor registry deserves to have that decision respected.”

The Arkansas Attorney General is defending the case. A recent brief filed by Attorney General Tim Griffin in defense of the law included newspaper articles referencing people who were about to donate organs when they came out of their comas — an apparent concern leading to Act 861 becoming law.