The Missouri Embryonic Stem Cell Research Initiative

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PRE-EMINENT RIGHT ISSUE

Steven Rogers JD Conception Seminary College Conception Abbey, MO May 2006

Issue Stated: The Missouri Embryonic Stem Cell Research Initiative seeks to create a pre-eminent constitutional right. This right shall operate above and apart from the normal checks and balances of power. The right-to-be-created shall operate apart from any law, rule or regulation, court review or act by any law enforcement authority. That is, above the power of the legislature, the judiciary and the executive branch at any level of state government.

Prefatory Note: To avoid any confusion, documents are quoted in black. The quoted language is as exactly written on the cited document. Editorial commentary and explanation of the cited documents are cited in blue ink. Excerpts are complete and accurate. All emphasis is added.

No court has addressed these issues. They were not raised in the prior litigation. For the reasons shown below, if the amendment passes, such matters will never be contestable. The proposed language, if enacted as a constitutional amendment, will deny any attack on the amendment but for a subsequent constitutional amendment.

Document 1: LANGUAGE FROM THE PROPOSED INITIATIVE:

2.(7) All stem cell research and all stem cell therapies and cures must be conducted and provided in accordance with state and local laws of general applicability, including but not limited to laws concerning scientific and medical practices and patient safety and privacy, to the extent that any such laws do not (i) prevent, restrict, obstruct, or discourage any stem cell research or stem cell therapies and cures that are permitted by the provisions of this section other than this subdivision (7) to be conducted or provided, or (ii) create disincentives for any person to engage in or otherwise associate with such research or therapies and cures.

7. The provisions of this section and of all state and local laws, regulations, rules, charters, ordinances, and other governmental actions shall be construed in favor of the conduct of stem cell research and the provision of stem cell therapies and cures. No state or local law, regulation, rule, charter, ordinance, or other governmental action shall (i) prevent, restrict, obstruct, or discourage any stem cell research or stem cell therapies and cures that are permitted by this section to be conducted or provided, or (ii) create disincentives for any person to engage in or otherwise associate with such research or therapies and cures.

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The Missouri Embryonic Stem Cell Research Initiative