Stem Cell Wars, Volume 1

California Politics Today #410

Sacramento, California
August 28, 2005

By Marc Strassman
Reporter
California Politics Today
Etopia Media News Networks
Podmedia Reports
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stem cells (1998)----------------------------"Starry Night," by Vincent van Gogh (1889)


embryonic stem cell colonies from the lab of developmental biologist James Thompson
Source: University of Wisconsin-Madison.
Used with permission © University of Wisconsin Board of Regents



Introduction

If daily journalism is the rough draft of history, then a compilation of daily reports on the stem cell wars, with links to audio interviews of the main characters in those wars, is a second draft.

That's what you're got here: a compilation of 100 or so articles, featuring audio interviews, covering the battle over the passage of Proposition 71; second thoughts about it after it passed; the struggle over the formation of the Independent Citizens' Oversight Committee (ICOC) and the California Institute for Regenerative Medicine (CIRM); efforts to locate the CIRM in cyberspace; the lawsuits brought to shut down the project; South Korean breakthroughs; the shifting of the battle to Washington, D.C.; and the latest maneuverings and arguments of the lawyers on all sides who now hold center stage in this conflict.

The point of including contemporaneous and comprehensive audio interviews with the participants in these struggles is to let each of them speak in his or her own words, and, thereby, give the listener an opportunity to hear first-hand the arguments on all sides and the information they need to decide how they themselves feel about the issues involved.

To quote one of the most recent of these reports:

"Some people may believe that destroying that object [a human embryo or the product of somatic cell nuclear transfer (SCNT)] to harvest blastocystic stem cells (as we now call them) is tantamount to, the moral equivalent and a clear case of murdering innocent unborn children, while others may believe it is something that must be done with dignity but nevertheless ought to be done (and/or publicly funded) because of the promise it holds to alleviate human suffering, prolong life, and/or revitalize California's bio-tech sector.

"Honest people of good will can hold either of these two positions, but no good is served by obscuring and confusing what is involved. Things need to be called by their proper names and the objective and factual nature of what is proposed to be done needs to be understood by everyone participating in this discussion/debate. Only then can serious ethical discussions leading to principled political decisions take place."

Here's nother brief quote, which ends the most recent article:

"The essence of this [consolidated reverse invalidation action] case is that, under the terms of Proposition 71, the State of California was to issue and be responsible for the repayment of (at least) $6 billion to cover the cost of raising $3 billion from bond sales for the ICOC to spend, while the ICOC was to exist and operate independently of the bureaucratic and political control of the State of California, its elected officials, and the voter/taxpayers these officials represent."

More of this is on the way. Reading and listening to what's contained here will provide you with a solid understanding of what's happened so far and help prepare you for whatever level of involvement you feel is appropriate during the further evolution of the various campaigns that make up the Stem Cell Wars.

Accordingly, this compilation of reports from the various bio-medical, ethical, legal and political fronts is called Stem Cell Wars, Volume 1.

Marc Strassman
Studio City, California
August 28, 2005

Origins

Living organisms have been successfully reproducing themselves on Earth for billions of years, but it wasn't until 1998 that James Thompson, "a developmental biologist and veterinarian at the University of Wisconsin at Madison, made history…when he and fellow researchers derived the first embryonic stem cell lines from frozen human embryos."

On September 22, 2002, California Governor Gray Davis "signed Senate Bill 253 (Ortiz) which affirms state policy allowing human stem cell research." In 2003, California State Senator Deborah Ortiz sponsored three additional and related bills to support stem cell research in California.

One of these bills, SB 788, according to a May 9, 2003, article in the San Francisco Business Times, "would create a mechanism for funding facilities and research for stem cells through general obligation bonds. No amount has been attached to the legislation yet, but capitol staffers say funding could add up to $1 billion over a 10-year period. The funding would be available to private and public sector researchers. Companion bill SB 332 would establish a research council that would develop guidelines for stem cell research in the state, and SB 771 would establish a state-level embryo registry for stem cell research." These bills failed.

In 2004, a group of patient advocacy organizations, bio-tech companies, and venture capitalists, led by attorney Robert Klein, wrote and successfully qualified for the ballot Proposition 71, a ballot initiative to establish the "'California Institute for Regenerative Medicine' to regulate stem cell research and provide funding, through grants and loans, for such research and research facilities."

For the complete text of Proposition 71, click here.

Etopia Media News Networks (EMNN) responded by creating a web site called Stem Cell World and conducting an interview on August 14, 2004, with stem cell researcher Evan Snyder, Director of the Burnham Institute's Stem Cell and Regeneration program, who provided an introduction to the world of stem cells.

Campaigns for and against Proposition 71

Etopia Media News Networks then published an extensive series of articles and interviews covering the campaign to pass, or defeat, Proposition 71. You can access them here:

8-16-04: California Assemblymember Jackie Goldberg supports stem cell research but hasn't decided yet about supporting Proposition 71

8-16-04: Commentary: Socializing the Risk while Privatizing the Health Benefits and Profits, as California's Proposition 71 does, is Unethical

8-16-04: Some questions about California's Proposition 71

8-16-04: Some more questions about California's Proposition 71

9-10-04: California Repubican Assembly President Mike Spence urges a "No" vote on Proposition 71

9-13-04: Wesley Smith, bioethicist, attacks Proposition 71, as an "incredible, audacious money grab [and] corporate welfare at its most extreme"

9-16-04: California State Senator Tom McClintock attacks Proposition 71 as "self-serving sham" that will spend money California doesn’t have

9-21-04: James Walter, bioethicist, says questions of justice argue against passing Proposition 71

9-23-04: Karen Hanretty, California Republican Party spokesperson, joins the Sacramento Bee in calling on California Secretary of State Kevin Shelley to resign, opposes passage of Proposition 71

9-23-04: News Commentary: There's more than one way to skin an embryonic stem cell, and Proposition 71 is not the best one

9-24-04: A "Mostly No on 71" Sampler

9-24-04: News Commentary: Thumbs down for blastocysts; thumbs up for trans-humans

9-24-04: Robert Lanza, M.D., embryonic stem cell research pioneer, strongly supports Proposition 71, says it's "brilliant"

9-27-04: Columnists Michael Kinsley and Froma Harrop support embryonic stem cell research

10-11-04: Field Poll Director Mark DiCamillo discusses Stem Cell Bonds Proposition 71's standing in its poll

10-14-04: "Creative financing" of Proposition 71 raises questions that transcend ethics

10-18-04: Deborah Burger, R.N., President of California Nurses Association, favors embryonic stem cell research but marshals pro-choice, financial, equity arguments against Proposition 71

10-19-04: Jesse Reynolds, Program Director at the Center for Genetics and Society, explains his pro-choice, progressive group's opposition to Proposition 71

10-19-04: News Commentary: Ridiculous and counter-factual op-ed piece in Los Angeles Daily News unconvincingly attacks Proposition 71

10-21-04: H. Rex Greene, M.D., medical oncologist, dissects Proposition 71 and finds an out-of-control political, financial, scientific, and ethical malignancy threatening to metastasize

10-21-04: Susan Berke Fogel, spokesperson for the Pro-Choice Alliance Against Proposition 71, attacks the controversial stem cell initiative

10-22-04: Unscientific e-thePeople poll shows three-fourths of respondents oppose the passage of Proposition 71

10-22-04: California Assemblymember Jackie Goldberg reveals her position on Proposition 71, the California Stem Cell Initiative

10-22-04: An augmented "Mostly No on 71" Sampler

10-23-04: More "No on 71" attacks

10-31-04: A "No on 71" wrap-up, with a suggestion for how to cope with its likely passage on November 2nd

11-1-04: California State Senator Tom McClintock blasts Proposition 71 as "perhaps the worst ballot measure that we've seen over the past decade"

11-1-04: Scott Gottlieb, M.D., and Resident Fellow at the American Enterprise Institute, warns that California is about to invest a lot of "dumb money" in "a handful of second-rate biotech companies" by passing Proposition 71

11-2-04: Mel Gibson "speaks" California State Senator Tom McClintock's words as his own in National Review Online "interview"; McClintock is way ok with that

11-3-04: Putting words in his mouth: how California State Senator Tom McClintock set the stage for movie star Mel Gibson to rhetorically attack California Proposition 71, the Stem Cell Initiative

11-3-04: Mel Gibson appropriates Tom McClintock's words, without mentioning that he has, but McClintock, through his spokesperson, says he doesn't mind, that it's way OK with him

11-3-04: Rising above a mere consideration of plagiarism, we encounter the "Spectacle"

11-3-04: The "life-like" opposes and gives rise to the "ultra-life-like"

The aftermath of the passage of Proposition 71

Proposition 71 passed on November 2, 2004, by a 59-41% margin. EMNN covered the immediate aftermath:

11-4-04: Mitchel Benson, Director of Communications in the Office of California State Treasurer Phil Angelides, says that responsibility for monitoring the Independent Citizens' Oversight Committee set up by Proposition 71 to conduct $3 billion in stem cell research for conflicts-of-interest will reside with the Independent Citizens' Oversight Committee itself

11-8-04: Stanford University confers the gift of immortality—on itself

12-9-04: California State Senator Deborah Ortiz introduces SB 18, the "Proposition 71 Public Accountability Act"

12-10-04: California Nurses Association spokesperson isn't ready to comment specifically on Proposition 71 "clean-up bill," SB 18, but says CNA is "committed to trying to take whatever action is needed to correct the many inadequacies of that initiative"

12-10-05: Using the Broadband California infrastructure, let's solve the problem of where to put the $3 billion California Institute for Regenerative Medicine by putting it everywhere and nowhere

12-13-04: Deborah Burger, President of California Nurses Association, says that California State Senator Deborah Ortiz' plan to shape up Proposition 71 agencies' operations with SB 18 is "like trying to close the barn door after the horses have gotten out"

12-15-04: Jesse Reynolds, Program Director at Center for Genetics and Society, calls on ICOC to "act responsibly and reject the nomination of Robert Klein" as its head at Friday's organizational meeting

12-15-04: California State Senator Tom McClintock accuses fellow State Senator Deborah Ortiz of "monumental hypocrisy" for trying to change Proposition 71 provisions he says she previously strongly and publicly defended

12-15-04: California State Senator Deborah Ortiz explains SB 18, while Proposition 71's principal author is unanimously nominated to head the ICOC created by that measure

Controversies arise

Controversies arose about the composition and regulation of the Independent Citizens' Oversight Committee (ICOC), the governing board of the California Institute for Regenerative Medicine, both of which were created by the passage of Proposition 71.

12-20-04: Twenty-year-old article in The Fresno Bee reveals the secrets of stem cell entrepreneur Robert Klein's success

12-21-04: ICOC/stem cell chair Robert Klein II contributed $176,139.87 to three of the four politicians who (unanimously) nominated him for his new job

1-7-05: Jesse Reynolds, Program Director at Center for Genetics and Society, calls for more openness and stronger conflict-of-interest rules for stem cell research Institute

1-7-05: Terry Francke, general counsel of Californians Aware, wants Proposition 71 Working Groups to be subject to the openness and transparency provisions of the Bagley-Keene Act, or something like them

1-7-05: Everybody wins by putting the Proposition 71 Stem Cell Institute in Cyberspace, California

1-7-05: Is putting California's Proposition 71-created Stem Cell Institute in cyberspace a crazy and stupid idea or merely the logical extension of some well-accepted principles about the modern workplace?

1-13-05: Transparency advocate and former California State Senator Barry Keene, co-author of the Bagley-Keene Act, criticizes the lack of pre-election debate about waiving the provisions of that Act for the ICOC/Stem Cell Working Groups and says that Proposition 71 proponents should "waive the exemption unless they can make a strong case" for it publicly

1-15-05: Berkeley-based public interest attorney Charles Halpern calls for more transparency and accountability on the part of the Independent Citizens' Oversight Committee (ICOC)

1-15-05: Foundation for Taxpayer and Consumer Rights spokesperson David Fink says his group is researching patent law in preparation for its efforts to ensure that California taxpayers and consumers get their fare share of Proposition 71 profits and benefits

1-16-05: Newly-reformatted version of May 13, 1984 article in The Fresno Bee entitled "County bond consultant's role questioned," makes it easier to read about ICOC Chair and CIRM Interim President Robert Klein II's operational style and methods back in the day

1-16-05: California's Independent Citizens' Oversight Committee (ICOC) needs an integrated strategic, computing, purchasing and accountability plan before it spends $3/6 billion in investor/taxpayer money

1-16-05: Independent Citizens' Oversight Committee (ICOC) ramps up with a web site and an e-mail address, announces three public meetings, and demonstrates the feasibility of putting the operations of the California Institute for Regenerative Medicine (CIRM) in cyberspace by allowing members to attend and the public to comment via remote audio/video access

1-20-05: Etopia Media News Network publisher proposes putting the California Institute of Regenerative Medicine (CIRM) in cyberspace

1-29-05: Paramount Pictures Chairman and Independent Citizens' Oversight Committee member Sherry Lansing says that the competition for where to put the California Institute of Regenerative Medicine is "now open to any place in the State of California" that meets all the other requirements specified by the ICOC's Site Search Subcommittee in its Request for Proposals; Cyberspace CIRM proposal is made to Site Search Subcommittee

2-17-05: Dr. Phyllis Preciado, ICOC Site Selection Sub-committee member, talks about the CIRM site selection process (California Politics Today™ #290)

2-21-05: Nine Shift co-author endorses a CyberCIRM

2-22-05: Legal-medical team petitions ICOC to set a date for a public hearing to consider the adoption of some new regulations to govern their operations

2-22-05: Noted bio-ethicist will brief ICOC members and the public about pressing ethical issues involved in stem cell research

2-23-05: Public interest lawyer asks for public hearing to discuss proposed reforms for ICOC (California Politics Today™ #299)

Dana Cody sues to stop the ICOC/CIRM

Dana Cody, executive director of the Life Legal Defense Foundation, acting on behalf of her client, People's Advocate, sued in state court to disenfranchise the ICOC, claiming that the power to spend public money while operating outside the control of the State of California was unconstitutional under Article XVI, Section 3, of the California Constitution.

2-25-05: Dana Cody, executive director, Life Legal Defense Foundation, explains People's Advocate's anti-Proposition 71 lawsuit (California Politics Today™ #300)

2-27-05: Pro-life and anti-corporate movements both separately attack the bio-medical complex, in the form of Proposition 71 and the ICOC, but no alliance in sight yet (California Politics Today™ #304)

2-28-05: Dana Cody, LLDF attorney in ICOC constitutionality case, clarifies the process, calls Proposition 71 "a money grab" and "a hoax" (California Politics Today™ #305)

3-23-05: Dana Cody, Executive Director at Life Legal Defense Foundation, responds to California Supreme Court Decision not to hear anti-Proposition 71 lawsuit (California Politics Today™ #310)

A national and international debate about the ethics of embryonic stem cell research ensues

4-9-05: S. 658, U.S. Senator Sam Brownback's bill to ban "therapeutic" as well as "reproductive" human cloning will be opposed by organizational clone of Proposition 71 campaign committee

4-14-05: President Bush "strongly endorses Senator Brownback's bill, S. 658, which would ban the practice of human cloning"

4-17-05: Fears of "female human egg farming" grow, while local, national, and global battles over human cloning rage

4-19-05: Same, but different, controversies rage around embryonic stem cell research in Australia/Tasmania and the U.S.

4-20-05: Embryonic Stem Cell and Human Reproductive Cloning: Resources, Arguments For and Arguments Against

4-27-05: Judy Norsigian, Executive Director, Our Bodies Ourselves, talks about embryonic stem cell research, calls for a moratorium on somatic cell nuclear transfer (SCNT)

4-27-05: Jonathan Moreno, co-chair, National Academy of Sciences Embryonic Stem Cell Research Guidelines Committee, talks about these guidelines

Funding for embryonic stem cell research under Proposition 71 is stalled by litigation

Ms. Cody's legal efforts effectively blocked the sale of California state general obligation bonds and preventing the ICOC/CIRM from providing any grants for embryonic stem cell research.

5-11-05: California cannot sell $3 billion in embryonic stem cell research bonds until a lawsuit challenging its right to do so is resolved

5-12-05: Bi-coastal dog days for hESC (human embryonic stem cell) research

5-15-05: A bio-medical, ethical and political embryonic stem cell primer

South Koreans move ahead on human embryonic stem cell research

Unencumbered by litigation, South Korean stem cell researchers, led by Dr. Hwang Woo-Suk at Seoul National University, at a cost of $200,000, successfully created customized embryonic stem cells using the DNA of potential patients suffering from degenerative diseases and spinal cord injuries.

5-19-05: Korean team led by Hwang Woo-suk creates 11 lines of human embryonic stem cells from afflicted patients; moral issues remain

5-20-05: Who is Gerald Schatten?

5-20-05: South Korea and U.K. advance in global hESC competition, while California's efforts are snarled in litigation

5-20-05: Bernard Siegel, Executive Director, Genetics Policy Institute, previews "Stem Cell Policy and Advocacy Summit: Sustaining the Mandate for Cures" to be held in Houston, June 11-12, 2005, featuring Woo Suk Hwang and Gerald Schatten

5-20-05: Collaboration emerges among the human embryonic stem cell/cloning "Big Three": Hwang Woo-Suk, Gerald Schatten, and Ian Wilmut

Further ethical controversy and political debate ensues

5-23-05: Stanford bio-ethicist Mildred Cho says properly-informed and financially-uncompensated "research donors" will still want to donate their eggs for embryonic stem cell/bio-medical research

5-25-05: Dr. Leon Kass, Chairman of the President's Council on Bioethics, discusses current issues in cloning and stem cell research

5-25-05: Senator Diane Feinstein calls for a Senate vote on DeGette-Castle embryonic stem cell research expansion bill

5-26-05: Listen to Senator Diane Feinstein calling for a Senate vote on DeGette-Castle embryonic stem cell research expansion bill

5-28-05: Saying "We simply should not go down the road of using taxpayer dollars to kill young humans," U.S Senator Sam Brownback (R-KS) condemns House vote on embryonic stem cell research

6-13-05: Bernard Siegel, Executive Director, Genetics Policy Institute, reports on the "Stem Cell Policy and Advocacy Summit: Sustaining the Mandate for Cures" in Houston, June 11-12, 2005, and a compendium of recent human embryonic stem cell news

After a second lawsuit is filed, California's Attorney General moves to consolidate both suits

California Family Bioethics Council files "reverse validation action" to shut down Proposition 71 and all its progeny"

7-21-05: California Attorney General seeks to consolidate the lawsuits that "have clouded the marketability" of Proposition 71 bonds to facilitate "a judicial resolution as quickly as possible so that the voters' will can be enforced once and for all"

7-30-05: Stem cell chief Robert Klein II hopes to fund first grants in September using a "bridge financing approach"; denounces Proposition 71 opponents' "constitutional arguments as a front for their opposition" (California Politics Today™ #395)

8-1-05: California State Treasurer Phil Angelides' press secretary discusses "bridge funding" of embryonic stem cell research in California (California Politics Today™ #396)

8-3-05: Dana Cody updates stem cell lawsuit consolidation proceedings story; calls ICOC Chair Robert Klein "a religious bigot"; says her arguments are constitutionally, not religiously, based (California Politics Today™ #397)

8-3-05: Motion to consolidate two stem cell cases is granted (California Politics Today™ #398)

8-9-05: Dana Cody comments on the consolidated law suit against Proposition 71's off-spring

Where things stood at the beginning of August, 2005

8-4-05: Stem cell update, August 4, 2005

Florida tries to get into the game

8-9-05: Florida State Representative Franklin Sands talks about his proposed $150 million embryonic stem cell research legislation

8-10-05: Palm Beach County, Florida, Commissioner Burt Aaronson talks about Florida stem cell research funding initiative (American Politics Today #42)

A bio-tech stock analyst explains financial aspects of stem cell research investing

8-17-05: Ren Benjamin, stem cell stock analyst, talks about bio-medical, financial, and political aspects of investing in stem cell stocks (California Politics Today™ #406)

The funding stalemate continues while ICOC Chair Robert Klein muddies the waters

8-20-05: South Koreans and associates move ahead on hESC research and commercialization, while U.S. efforts and funding are tied up by California litigation and Congressional vacations (California Politics Today™ #407)

8-25-05: ICOC Chair Robert Klein offers incomplete and misleading comments about human cloning, stem cell research, and bond anticipation notes (California Politics Today™ #408)

8-26-05: No filings yet from ICOC for any bond, or bond anticipation note, sales (California Politics Today™ #409)

 



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