Wednesday, August 11, 2004

Understanding ESC

Joe Carter at Evangelical Outpost explains some things about stem cell research that the average voter is probably not aware of. He writes:

Since the average American voter believes the President controls the economy, it's not a surprise they would believe that he would control federal funding for ESC also. But Bush's executive order didn't really initiate a ban at all. In fact, all it did was clarify what the executive branch is supposed to do - enforce the law. The ban had already been put in place by former Arkansas congressman Jay Dickey.

In 1996, Dickey attached an amendment to the Health and Human Services Appropriations Bill that prohibits the use of federal funds for research that destroys or seriously endangers human embryos. The Dickey Amendment, which has been reimplemented every year since '96, reads:

None of the funds made available in this Act may be used for- (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death.

While the law is rather straightforward, the Clinton Administration was able to find a way around it. They reasoned that if private funds were used to destroy the embryo then it would clear the way for government funding. They would allow the private sector do the dirty work and then slip them funding for their efforts. Although this violates the clear intent and spirit of the law, it was nevertheless ruled to be a "legally valid interpretation."

The Clinton Administration adopted this stance as their policy but was unable to implement it before Bush took office. Unlike his predecessor, Bush came in with the intent to obey the law as it was written. But by the time he made his decision, a number of embryonic stem cell lines had already been derived and were in various stages of development, growth, and characterization. Since the damage had already been done to the embryos, Bush agreed to a compromise which allowed federal funding to be used for these specific lines. Funding of ESC research would be allowed without having the government be complicit in the destruction of more human embryos.

Kerry's expressed policy is a reversal of this position. By "lifting the ban" he means that he'll take the position of former President Clinton and ignore the law as it is written in order to find a way around its limitations. Since both he and Sen. Clinton were unable to override the Dickey amendment in the legislature, he is attempting to do it by fiat. In essence, Kerry is promising to ignore the will of the people as expressed through their elected representatives.

It would be interesting to see how many of the Democrats who criticize the President's position on this issue have themselves voted for the Dickey Amendment and its annual renewals.