California Supreme Court turns down stem cell research case News
California Supreme Court turns down stem cell research case

[JURIST] The California Supreme Court [official website] denied review [materials] of a lower court ruling Wednesday, effectively allowing the continuation of a state-sponsored program for stem cell research [JURIST news archive] operated by the California Institute for Regenerative Medicine [official website]. A California state appeals court upheld [JURIST report; opinion, PDF] the validity of the program in February, writing that it "suffers from no constitutional or other legal infirmity." Commenting on the Supreme Court's action, California Governor Arnold Schwarzenegger [official website] said [press release]:

Today's action by the California Supreme Court is a victory for our state because potentially life-saving science can continue without a shadow of legal doubt. This decision reaffirms voters' will to keep California on the forefront of embryonic stem cell research. California's leadership gives the best promise of finding a cure for deadly and debilitating diseases.

The research program, known as Proposition 71 [CA AG summary, PDF], was approved [JURIST report] in a 2004 state referendum by a 59 percent margin.

The lawsuit against the program [JURIST report] was brought by the California Family Bioethics Council and two anti-tax organizations – the People's Advocate and the National Tax Limitation Foundation [advocacy websites]. The trial court determined [JURIST report] that the stem cell program was being administered with sufficient state control and did not violate ballot initiative or conflicts of interest rules. AP has more.

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