California stem cell agency in appeal over constitutionality

The First District Court of Appeals in San Francisco, California is to decide, after a hearing on February 14, whether the USA's largest state has the authority, under its constitution, to establish a stem cell research facility.

In 2004, Proposition 71 was carried in a statewide referendum, approving the foundation of the California Institute for Regenerative Medicine, at a cost of $3.0 billion over 10 years. The intention of the venture's supporters was to provide an alternative route for public funding of human embryonic stem cell research, which is restricted at the federal level by President George W Bush's veto (Marketletter January 22).

A ruling by the Alameda Superior Court found that the Institute's funding was constitutional, however, the state of California has not issued bonds to finance the new agency until the litigation process is exhausted.