By Matthew Eppinette, CBC New Media Manager
CBC Special Consultant Wesley Smith’s has posted his reaction to the latest ruling on federal funding of embryonic stem cell research at The Corner. From “The Court Fight over Embryonic-Stem-Cell Research Is Not Over Yet:”
I think Lamberth is correct about the intent of Congress at the time the law was first enacted. But the language of Dickey-Wicker, which is passed annually as part of the budgetary process, preceded the emergence of embryonic-stem-cell research. Considering that Congress repeatedly overturned the Bush policy — but was unable to override presidential vetoes — I doubt that a law would be passed today explicitly following Judge Lamberth’s reasoning. But that should be irrelevant. The law should be construed as written. Unless the language is changed the next time Dickey-Wicker is passed — or isn’t passed at all, which would moot the case — I think Lamberth has the better side of the factual and legal argument. Of course, given the intensity of the politics swirling around the issue, fact, law, and $2 will buy you a cup of Starbucks Coffee.
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