#259 Monday, November 27, 2006  -  ATTACKED BY DRAGONS, OR, THE
ANTI-STEMCELL LAWSUIT
To save lives and ease suffering-who could be against that?
Sadly, some people are.  Representatives of the Religious Right (California
Family Bioethics Council) and anti-tax groups (People's Advocate) have been
systematically suing the California Institute for Regenerative Medicine,
(CIRM), trying to shut down our new stem cell research program.
I use the word "our" deliberately: as the father of a paralyzed young man,
Roman Reed,  I love the CIRM. It carries the hope of cure through medical
research, and I will defend it.
The lawsuit reminds me of the attack methods of the Komodo dragon, a giant
lizard  found on remote Indonesian islands. Sometimes called the land
crocodile, the predator can be ten feet long, and has teeth like a shark.
Approaching unwary prey in slithery stealth, it can also lay an ambush,
lurking in a patch of heavy jungle by a path, waiting for a deer, a rat, a
water buffalo. It has eaten people.
When possible, the dragon prefers direct methods, lunging for the throat or
stomach, overpowering the prey, beginning the feast before the food is fully
dead. But it will also bring down its prey by any means necessary: a blow
from its powerful tail to break the prey's ankles-- or poison.
With venomous bacteria in its mouth, a mere scratch will kill the prey in
slow hours, to be found by scent and eaten later.
The anti-CIRM lawsuit is like that: rather than openly admitting they hate
embryonic stem cell research and want to stop it, they seek to bring us down
by roundabout methods, indirect attacks, any one of which may inject enough
pseudo-legalistic poison to stop California's program, and send a message of
intimidation to other states.
How are they doing? It must be admitted the lawsuits have slowed down full
funding of the program; in that they were successful. Research delayed is
research denied.  their efforts have held off possible cure for many, adding
to their time of suffering.
But California found a way. Not only did far-thinking individuals offer
loans (which, if the lawsuit prevails, will not be paid back) but the Golden
State's governor Arnold Schwarzennegger authorized a loan of $151 million so
the research could go forward.
 And the first court trial was an utter failure for the opposition.
The judge, honorable Bonnie Lewman Sabraw, dismissed their every point.
Today, the case is in the appeals court. After this trial, whoever loses
will then take the case to the California State Supreme Court, its last
stop. It cannot go forward to the United States Supreme Court, because it is
a state issue.
Both sides have now stated their position in writing.  In addition, an
"amicus brief" (friend of the court, outside folks who will be affected by
the decision and want to offer an opinion) was filed by public interest
groups in support of the CIRM*.
The appeals court trial will begin, hopefully in January. I understand it
will be in San Francisco, and I will try to attend.
What is the nature of their case, this latest series of envenomed bites?
Based on public documents, here is my non-expert summary.
The opposition says Judge Sabraw's judgment against them was wrong. They
want the decision overturned.
CASE AGAINST CALIFORNIA INSTITUTE FOR REGENERATIVE MEDICINE
The entire stem cell research program is unconstitutional, because it gives
public money to institutions not under state control.
Proposition 71 violated the "single-subject" rule of initiatives, because it
contained provisions allowing for not only stem cell research, but for
"anything designated as a 'vital research opportunity' to "advance medical
science' in any field.
The Independent Citizens Oversight Committee (the ICOC, which decides
grants) is corrupt, because it has not only several members from the
biomedical industry, but also "representatives" of colleges which may
receive research grants--and the voters were not told about this conflict of
interest.
The ballot did not explain the science clearly enough, so the voters were
not told that Somatic Cell Nuclear Transfer is really cloning.
The judge did not allow them time and opportunity to fully state their case.
 Are they right? Tune in next column to find out. (Hint: the answer to the
question begins with the letter "n" and ends with the letter "o".)
Meanwhile, here is a quick reminder what friends of the CIRM had to say a
while back.
* RESEARCH INSTITUTIONS, HOSPITALS, UNIVERSITIES, PATIENT ADVOCACY
ORGANIZATIONS FILE AMICUS BRIEF IN SUPPORT OF CIRM AND A SWIFT RESOLUTION OF
LAWSUIT
Astronaut and Scientist Buzz Aldrin Backs Stem Cell Research in California
LOS ANGELES, CA - Today some of the most notable institutions and patient
advocacy organizations from throughout the state and the country filed an
amicus brief to support the California Institute for Regenerative Medicine's
motion advocating a quick dismissal of a lawsuit which is obstructing the
agency from funding its research.  Both the motion and the amicus brief were
filed in Alameda County Superior Court today.
Supporters of the amicus brief gathered at the Saban Research Institute of
Children's Hospital Los Angeles to sign a declaration of support for
Proposition 71.
"Childrens Hospital Los Angeles remains committed to finding the best means
to treat the sickest and most seriously injured children," said CEO Walter
W. Noce, Jr. "Stem cell research provides us with a unique opportunity to
find the means to prevent, treat and cure disease, and we were pleased to be
among those/D institutions approved for CIRM training grants. Legal
challenges to the thoughtful practice of stem cell research only serve to
delay this invaluable science that could improve the lives of millions of
people throughout the world."
"If the United States of America could unleash its science and put mankind
on the moon, then we can certainly put those powers to good use again and
serve those suffering from chronic diseases and injury here on earth," said
Apollo 11 astronaut Buzz Aldrin.
"Seven million Californians passed Proposition 71, and the esteemed
organizations supporting us here today underscore the state's will to fund
stem cell research," said Bob Klein, chairman of the Independent Citizens'
Oversight Committee. "The organizations behind this lawsuit represent an
ideologically motivated minority that is stymieing the decision of
California voters."
Signers and supporters of the amicus brief ask the judge to dismiss the
lawsuit and allow the California Institute for Regenerative Medicine to fund
stem cell research.  Amici include:
Alliance for Aging Research
Alliance for Stem Cell Research
ALS Association
Alzheimer's Association, CA Council
California Institute of Technology
Cancer Research and Prevention Foundation
Cedars-Sinai Medical Center
Children's Hospital & Research Center at Oakland
Childrens Hospital Los Angeles
Christopher Reeve Foundation
City of Hope
Cystic Fibrosis Research, Inc.
Elizabeth Glaser Pediatric AIDS Foundation
Juvenile Diabetes Research Foundation (JDRF)
Keck Graduate Institute
Michael J. Fox Foundation for Parkinson's Research
National Brain Tumor Foundation
National Multiple Sclerosis Society
Parkinson's Action Network
Paul Berg, Nobel Laureate
Salk Institute of Biological Studies
San Francisco AIDS Foundation
Southern California Biomedical Council
Stanford University
The Burnham Institute
The Leukemia & Lymphoma Society
University of Southern California
P.S. And who are the friends of the court on the other side, those who would
stop the research? I don't mean the enemies of research who quietly wait and
watch and let somebody else take the heat (understandably: who wants to be
publicly associated with an anti-cure lawsuit? Visit the websites of
anti-research Senators and Representatives. Frequently there will no mention
of their opposition to research which might cure millions. If stem cells are
mentioned at all, it will be weasel words like he/she supports "ethical"
stem cell research, so as to appear reasonable while signaling the
opponents).
It takes courage to step into the arena. I have shaken hands with the
opposition lawyers, and respect them as worthy adversaries. Someday, they
will change their minds.
But this is an important case. If the research can be shot down here, in a
state which so plainly supports it, it will be easier to assassinate hope in
smaller states, less able to defend themselves.
So where is the opposition's amici brief, its list of supportive friends,
the ones who cared enough to come out in public, and admit they are in favor
of stopping California's stem cell research program?  I don't even mind if
they list themselves as individuals, to make their numbers more impressive.
Let's see, where is that list?
Hmm. It must be here in the files somewhere. Wait a minute, give me time.
Let's see, maybe in the Blind Stubborness category? No, not there. Famous
Errors? No.Flat Earth Society?  no. Idiots Anonymous file. that would be a
logical fit.  No, not there. Maybe in the M's. Malicious, Misguided,
Misunderstanding. nope, not there either.
Where is that list of distinguished groups who want to shut down California's
new stem cell research program?
Can't seem to find it.
Oh, I know-- probably it's with the list of scientists who approved
President Bush's veto of the Stem Cell Research Enhancement Act.. You know,
all those scientists who proudly put their good names beside the suppression
of research, agreeing with his veto of H.R. 810, blocking the bi-partisan
bill to allow federal funds for new stem cell lines.
Oh, I forgot. There weren't any.
By Don C. Reed, Chair, Californians for Cures, www.stemcellbattles.com.
Email Don at: [log in to unmask]
An invitation to join my new Yahoo Group, the Daily Kos Stem Cell Supporters
Group.
http://groups.yahoo.com/group/DailyKosStemCells/
Please send this around to folks

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