HealthLawProf Blog

Editor: Katharine Van Tassel
Concordia University School of Law

Tuesday, January 4, 2005

New Cloning Article

If you are looking for something interesting to read, (and to be honest, after grading first year exams, who isn't searching for something more coherent and interesting to read) Steven Goldberg of Georgetown University  Law Center has recently published, "Cloning Matters:  How Lawrence v. Texas Protects Therapeutic Research, in the Yale Journal of Health Policy, Law and Ethics.  The abstract is posted below:

Several states have banned therapeutic cloning and the federal government is considering legislation that would do the same. Some of these laws, including the proposed federal law, make it a crime for a patient to use any product derived from therapeutic cloning. Government action restricting a patient's freedom in this way must at least have a rational basis. Opponents of therapeutic cloning argue not that the medicines derived from it are unsafe or ineffective, but rather that the embryonic stem cells used in therapeutic cloning represent potential life that must be protected. Yet some spare embryos produced as a byproduct of fertility treatments are destroyed while others are used for research. This disparate treatment reveals that the real basis for the ban on therapeutic cloning is a repugnance at cloning, a sense that it is unnatural. The Supreme Court's recent decision in Lawrence v. Texas, as well as earlier precedent, casts serious doubt on the idea that repugnance can be an adequate basis for a criminal statute. 


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Posted by: dave | Feb 3, 2005 9:00:43 PM

I believe that is crrrap.

Posted by: Jesus | Feb 10, 2005 8:30:58 PM

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