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Judge dismisses suit over life sciences research money

November 12, 2008 By

A judge in Jefferson City has dismissed a lawsuit filed by a group known as the Missouri Roundtable for Life which is attempting to prevent taxpayer dollars from being spent on certain forms of stem cell research.

In essence, Cole County Circuit Judge Richard Callahan has issued what attorney Steve Clark, one of the lawyers representing the plaintiffs, calls a procedural ruling. "The judge avoided getting to the merits of these issues," says Clark. "Avoided ruling on the true issues in the case, by saying that there is no controversy between the taxpayers that filed the suit – the Missouri Roundtable for Life and Fred Sauer – and the Life Sciences Research Trust Board and the State Treasurer."

At issue is a $21-million payment to the Board, which distributes the money as it sees fit. Part of what the plaintiffs argue is money could be spent on forms of research protected under Amendment 2 – the so-called stem cell research amendment of 2006. Much of that research is believed by opponents to be tantamount to human cloning.

An appeal is being launched. Clark says another option for the plaintiffs is to launch legal action against any party that receives any of this taxpayer money.

Download/Listen: Steve Walsh report (:60 MP3)

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Judge denies restraining order over spending of Life Sciences Trust Fund dollars

July 2, 2008 By

A judge in Jefferson City has denied a request for a temporary restraining order to stop public funds being used by the Life Sciences Trust Fund. Attorney Ed Martin, who represents the Missouri Roundtable for Life, claims the Trust Fund might soon spend public dollars to fund abortion, cloning, and human experimentation because of the wording of the Stem Cell Initiative - Amendment 2 - which was approved in 2006.

Martin adds the Trust Fund or any other entity that benefits from voter approval of Amendment 2 has an expectation of funding without decreases.

Chief Deputy Attorney General Karen Mitchell, representing the state, argued the Stem Cell Amendment does not guarantee money down the road – there is no expectation of funding. She added there is no money being transferred from the State Treasurer’s Office to the Trust Fund until 2009, so there was no need for a temporary restraining order.

A trial on the merits of the plaintiffs’ arguments – which deals in part with whether there is a conflict between state law regarding abortion money and approval of Amendment 2 – will be held August 1st in Cole County Circuit Court.


Download/Listen: Steve Walsh report (:60 MP3)

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Legal Challenge to Stem Cell Summary Has Day in Court

January 31, 2008 By

The legal challenge to Secretary of State Robin Carnahan’s summary wording of an initiative to limit certain forms of stem cell research in Missouri has its day in court – but there could be more such days.

Attorney Eddie Greim, representing the plaintiffs led by the group Cures Without Cloning , argued before Cole County Circuit Judge Patricia Joyce that the summary is not an honest attempt to let voters know what a yes vote or a no vote would mean. He adds the signature collectors would have to spend a lot of extra time by having to explain to voters why the wording on the summary is so vastly different from the goal of the plaintiffs.

Assistant Attorney General Karen Mitchell, representing the state, argued the ballot summary is just that – a summary – and is not intended to tell all about an initiative. Mitchell insists the summary language is sufficient and fair.

The judge expects to have a ruling on at least part of the challenge by the middle of the month. If more arguments are needed, a February 20th court date has been set aside.

Download/Listen: Steve Walsh report (:60 MP3)

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Carnahan Defends Language Used In Anti-Cloning Measure

October 22, 2007 By

Secretary of State Robin Carnahan defends the summary her staff wrote for the anti-cloning initiative petition supporters want to circulate in Missouri. The group pushing the change, Cures Without Cloning, has called the language misleading and confusing. It accuses Carnahan of playing partisan politics with the issue.

Carnahan stands by the language. She says her staff has met its constitutional duty to explain in summary form what the initiative petition would do if approved by voters. Carnahan says the criticism from Cures Without Cloning is nothing new. She says her office is often criticized for summary and ballot languages by groups that want the language slanted in their favor.

Carnahan rejects suggestions that a $25,000 campaign donation from Supporters of Health Research and Treatments had anything to do with her staff’s writing of the language. She says lawyers in the office carefully reviewed the summary before it was approved. Carnahan says her job is to follow the law, which she insists her office did in this case.

Download/listen Brent Martin reports (:60 MP3)

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Anti-Cloning Group Explains Legal Action Against Secretary of State

October 22, 2007 By

Attorneys representing the group Cures Without Cloning in its legal challenge to Secretary of State Robin Carnahan’s wording of the group’s petition initiative to ban certain forms of stem cell research explain their actions.

Attorney Eddie Greim says part of the challenge is being made under Missouri’s constitution, with the claim that the wording summary does not adequately and competently summarize what the initiative does – ban forms of stem cell research the plaintiffs consider human cloning. He adds Secretary’s statement is unfair because it patently reflects her "bias and prejudice against the Cures Without Cloning Amendment."

Greim says this is a case of a state official using the authority of the office to violate the constitutional rights of citizens. A statement from the Secretary of State’s Office says the summary wording is "fair, accurate, and reflects how the constitution would be changed by this initiative if it got on the ballot and was passed."

Download/Listen: Steve Walsh report (:60 MP3)

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