| Topic: |
Religions > Atheism |
| User: |
"johac" |
| Date: |
27 Feb 2007 06:51:25 PM |
| Object: |
Court Upholds Calif. Stem Cell Agency |
Finally. Victory over the fundy Luddites.
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Court Upholds Calif. Stem Cell Agency
Feb 27, 9:07 AM (ET)
By DAVID KRAVETS
SAN FRANCISCO (AP) - California's $3 billion stem cell agency withstood
another challenge to its constitutionality when a state appeals court
rejected claims by abortion foes and anti-tax advocates that the
agency's managers had conflicts of interest.
The 1st District Court of Appeal upheld a decision by a lower court
judge who last year ruled in favor of the California Institute for
Regenerative Medicine, which was created when Proposition 71 was passed
by 59 percent of the electorate in 2004.
Opponents of the stem cell agency said after Monday's ruling that they
likely would appeal to the state Supreme Court.
Until the lawsuits are resolved, the agency can't borrow any money from
Wall Street bond dealers. The state has loaned the agency $150 million,
and philanthropic organizations have loaned it another $45 million to
fund research.
On Feb. 16, the agency doled out nearly $45 million in research grants
to about 20 state universities and nonprofit research laboratories, far
exceeding the federal government's annual outlays for the work, which is
opposed by social conservatives because human embryos are destroyed
during research.
In issuing the first significant research grants in its two-year
history, the agency became the nation's biggest financial backer of
human embryonic stem cell research.
The California Family Bioethics Council argued that the stem cell agency
is rife with conflicts of interest, saying officials from three
university systems who sit on the board overseeing the agency could
benefit because their various schools are applying for millions in
research funds from the agency.
As written, Proposition 71 dictates that those officials must recuse
themselves when the board is considering an application from their
schools.
"Proposition 71 suffers from no constitutional or other legal
infirmity," the court ruled, 3-0.
The court heard oral arguments on Feb. 14 and had 90 days to rule.
"Once again, the judiciary has upheld the constitutionality of
California's innovative stem cell research project in its entirety,
without equivocation, and with absolutely no room for further argument,"
said Robert Klein, who chairs the committee that oversees the institute.
Robert Tyler, an attorney for Advocates of Faith and Freedom who helped
the plaintiffs craft the lawsuit, and Dana Cody, who represented
anti-abortion group Life Legal Foundation in the lawsuit, both agreed
that an appeal to the state's high court was likely.
"It's so obvious that there are conflicts of interest between those who
are responsible for distributing funding and those who receive the
funds," Tyler said.
The appeals court was skeptical of claims that Proposition 71 violated
the state's "single subject" law for ballot initiatives. Opponents said
the proposition allows for more than just stem cell funding.
The appeals court found that the ballot measure's general language
appeared to ensure that all stem cell research funding wouldn't be
hindered if it overlapped with other kinds of medical research.
The court also balked at arguments that the agency isn't under the
"exclusive control and management" of the state.
The People's Advocate and National Tax Limitation Foundation argued that
since the University of California officials on the agency's oversight
board weren't appointed by elected officials - they were appointed by
their chancellors - they aren't public officials and had no authority to
spend state money. But the court noted that chancellors of those schools
are appointed by regents, who are appointed by the governor.
Gov. Arnold Schwarzenegger, who authorized the $150 million state loan
last year on the same day President Bush vetoed federal legislation
supporting the research, hailed Monday's ruling and has said he will
authorize more loans as necessary.
Human embryonic stem cells are created in the first days after
conception and give rise to all the organs and tissues in the human
body. Scientists hope they can someday use stem cells to replace
diseased tissue.
Proposition 71 came as a reaction to Bush administration's decision to
cap federal funding for stem cell research at about $25 million
annually, and impose strict research guidelines that scientists say
limit advances.
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AP Biotechnology Writer Paul Elias also contributed to this report.
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http://apnews.myway.com//article/20070227/D8NI3MMO0.html
--
John Hachmann aa #1782
"Those who can make you believe absurdities can make you commit atrocities"
-Voltaire
Contact - Throw a .net over the .com
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