How the United States has Banned Embryonic Stem Cell Research in the Absence of a Direct Prohibition
Mary Doe’s Destiny: How the United States has Banned Human Embryonic Stem Cell Research in the Absence of a Direct Prohibition
Yi-Chen Su and Albert Wai-Kit Chan, 14 Rich. J.L. & Tech. 12 (2008)
Mary Doe is a human embryo preserved in liquid nitrogen, in an unnamed in vitro fertilization clinic. Mary Doe’s name was given by an organization dedicated to advocating for equal humanity and personhood of pre-born children, including “children in vitro.” In response to President Clinton’s policy favoring embryonic stem cell [hereinafter ES-cell] research, the organization filed suit on behalf of Mary Doe, and all other frozen human embryos similarly situated, seeking a permanent injunction against any and all plans to undertake human ES-cell experimentation.
In August 2001, while the lawsuit was pending, President Bush announced a new policy concerning human ES-cell research. The new policy limited federal funding for human ES-cell research only to projects involving already-existing stem cell lines. No federal funds would be used to further research involving the derivation of new stem cell lines from intact embryos like Mary Doe. As a result, the district court granted the government’s motion to dismiss the case as moot, because Mary Doe would no longer be threatened. The Fourth Circuit Court of Appeals affirmed the decision.