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Lawyer Represents Unborn Embryo in Federal Court Tuesday
By Kristen Philipkoski October 12, 2007 | 7:05:13 PMCategories: Stem Cell
Research
 A Maryland lawyer has filed a lawsuit representing Mary Scott Doe, an
unborn embryo, against Robert Klein, chairman of the California Institute of
Regenerative Medicine, the state-run $3 billion stem cell research funding
agency.
Martin Palmer, a trial lawyer in Hagerstown, Maryland, and founder of the
National Association for the Advancement of Preborn Children (NAAPC, get it?
The website goes to a placeholder as of Friday afternoon), has also
represented several men in paternal rights cases involving unborn embryos.
I spoke to to CIRM spokesman Dave Carlson today (his last day at that post,
by the way) who said the Doe v. Klein, originally filed in 2005, challenges
the right of the state of California to fund embryonic stem cell research,
saying that the destruction of human embryos violates the 13th and 14th U.S.
Constitutional amendments. The embryos, the argument goes, deserve equal
protection under the law (13th amendment) and are being enslaved (14th).
(The image shows human embryonic stem cells dyed green.)
The lawsuit was originally filed in Riverside, California, where a federal
judge said that was the wrong place for it. Palmer should have filed in
either San Francisco, where CIRM is located, or Sacramento, the state's
capital.
On Tuesday, a federal judge for the U.S. Court of Appeals for the Ninth
Circuit in Pasadena will hear Palmer's appeal of that decision. It's just
procedural, but the case, and others like it, aren't going likely going
away, Carlson predicted:
Obviously we find the argument to be without merit, and frankly somewhat
specious. Palmer appears to have been involved in a number of cases on
behalf of pro-life organizations and it appears what they're trying to do is
establish as a matter of federal law that a human embryo is the same as a
person, which obviously  has some implications for a range of different
issues.
...
Our assumption is that someone like this is going to be suing CIRM from now
until the project ends. It's just going to become a routine cost of doing
business for us. But we believe we're on absolute rock solid legal ground.
He also said the lawsuit can't delay the institute's distribution of funds,
as previous lawsuits did. CIRM is funded by a bond measure, Proposition 71,
which California voters passed in 2004. The first bonds went up for sale a
week ago.
What do you think of the lawsuit? Do you think embryos are being enslaved
and denied equal protection under the law at the hands of Robert Klein?


Rayilyn Brown
Board Member AZNPF
Arizona Chapter National Parkinson's Foundation
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