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Legal news from Monday, May 19, 2008 |
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UK MPs reject proposed ban on hybrid embryo research
Mike Rosen-Molina on May 19, 2008 5:24 PM ET

[JURIST] UK legislators Monday voted 336-176 against a proposed ban [Human Fertilisation and Embryology Bill materials] on the use of human-animal hybrid embryo stem cells [JURIST news archive] in scientific and medical research. The decision was highly controversial, with many ban proponents arguing that it was necessary to prevent potential attempts at human genetic engineering. In a Sunday editorial [text] in the Observer, UK Prime Minister Gordon Brown advocated against the ban, saying that hybrid embryos may help stem cell research find cures for degenerative diseases: It was in 1998 that James Thomson, a scientist at the University of Wisconsin, successfully removed stem cells from spare embryos at fertility clinics.
His discovery established the world's first human embryonic stem cell line and launched stem cell research into the scientific mainstream.
A decade on from that moment of discovery, Parliament will make decisions this week that will affect not only the pace of scientific advance, but also the rights of different individuals to benefit from scientific advances already made in the complex field of embryology.
Should scientists be given the legal framework they say they need to pursue new cures and treatments through stem cell research or will we turn our back on these potential advances?
Should children who face death or critical illness find new hope in scientific advances that would allow their new brother or sister to be not just a blessing to their family, but also a saviour sibling to them? And should people be able to approach IVF clinics without fear of discrimination on the grounds of their sexual orientation?
My answer to all those questions is an unequivocal yes. The Guardian has more.
Hybrid embryos are created by inserting human DNA into an animal egg. A sudden electrical shock then causes the egg to develop into an early stage embryo, from which stem cells can be harvested.


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US Supreme Court rules on repeat offender, child pornography cases
Abigail Salisbury on May 19, 2008 10:26 AM ET

[JURIST] The US Supreme Court [official website; JURIST news archive] handed down four decisions [order list, PDF] Monday, including United States v. Rodriquez [LII case backgrounder], where the Court ruled [text] that for purposes of increasing a sentence under the Armed Career Criminal Act (ACCA) [text] a conviction qualifies as a predicate serious drug offense even when the crime is made punishable by a 10-year prison term only because of additional penalties imposed on repeat offenders. The ruling reversed the US Court of Appeals for the Ninth Circuit's judgment [PDF text] that sentence enhancements are not to be taken into account when determining whether a given crime constitutes an ACCA predicate offense. Justice Souter, joined by Ginsburg and Stevens, filed a dissent [texts]. AP has more.
In United States v. Williams [Duke Law backgrounder; JURIST report], the Court held that the PROTECT Act [text], aimed at preventing the pandering or solicitation of child pornography, was not unconstitutionally broad or vague, unlike similar laws [Child Pornography Prevention Act] challenged in the past. The ruling reversed a holding [PDF text] by the US Court of Appeals for the Eleventh Circuit. Read the 7-2 opinion of the court, delivered by Scalia; Stevens' concurrence, joined by Breyer; and Souter's dissent [texts], joined by Ginsburg. Reuters has more.
In United States v. Ressam [LII backgrounder; JURIST report], the Court voted 8-1 to uphold the conviction of so-called "Millennium Bomber" Ahmed Ressam [PBS profile]. The Court reversed the judgment [PDF text] of the US Court of Appeals for the Ninth Circuit, and ruled that Ressam could be convicted and sentenced under a law [text] punishing the carrying of explosives while committing a felony even if the explosives were not related to the felony offense. Justice Stevens delivered the opinion of the Court; Thomas, joined by Scalia, concurred in part and concurred in the judgment; Breyer wrote a dissent [texts]. The Washington Post has more.
In Department of Revenue of Kentucky v. Davis [Duke Law backgrounder; JURIST report], the Court ruled that Kentucky may tax interest earned on out-of-state municipal bonds while exempting from taxation the interest income from similar in-state bonds without violating the US Constitution's Commerce Clause. The ruling reversed a decision [PDF text] by the Kentucky Court of Appeals holding that the system improperly burdened interstate commerce. The case's particulars resulted in an unusual number of filings: Justice Souter delivered the opinion of the Court, except as to Part IIIB; Stevens and Breyer joined that opinion in full; Roberts and Ginsburg joined all but Part IIIB; and Scalia joined all but Parts IIIB and IV. Stevens filed a concurring opinion; Roberts and Scalia filed opinions concurring in part; Thomas filed an opinion concurring in the judgment. Kennedy filed a dissent, in which Alito joined, although Alito also filed his own short dissent [texts]. AP has more.


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