Stem Cell Research The Legal Argument and Analysis for Stem Cell Research

Stem cell research is a new field of research that brings many ethical issues and considerations in which U.S. regulations have been mostly hostile while around the world, the response toward the research has been positive. What is the legal culture in which the U.S. finds itself regarding stem cell research? What are the ethical considerations involving our participation in this new and infant field of science? What of other countries and their legal approach to stem cell research? This paper addresses these questions and presents the reader a case that stem cell research is a matter that should be scientifically pursued because of its potential and possibilities.

With any kind of science there are ethical considerations and much of the science is in its infancy in which hyped claims, fraud, and a lack of ethical frameworks can bring unwarranted risks to patients seeking radical and unproven treatments, skew public opinion against stem cell research and cause great harm to a potentially rewarding industry.

The Ethical Argument for Stem Cell Research

From the report Dr. Audrey Chapman, et. al. (1999) the findings and recommendations about stem cell research is as follows:

"Human stem cell research holds enormous potential for contributing to our understanding of fundamental human biology. Although it is not possible to predict the outcomes from basic research, such studies will offer real possibility for treatments and ultimately for cures for many diseases for which adequate therapies do not exist (pg. iv)."

iii). This field has amazing potential, but what is the legal precedent in controlling this vital research so that it develops into an ethical and responsible science?
The Position of the U.S. -- Brief History of Legislating Science

Stem cell research can trace its beginnings to fetal tissue discoveries and experimentation that began in the 1970's, but in 1974, Congress banned federal funding on fetal tissue research (Science Progress, 2009). In the 1970's, an ethics board was created to deal with the issue of fetal tissue research until President Ronald Reagan disbanded the board in 1980 (Science Progress, 2009). A moratorium on research is not lifted until President Clinton issues an executive order in 1993; however, because of public outcry, President Clinton rescinds the order in 1994 (Science Progress, 2009). Actual embryonic stem cells was isolated by James Thomson in 1998 and the race was on to make discoveries regarding this new direction of science; however the opposition by the Bush Administration remained in effect that federal funds could not be used to conduct stem cell research until the ban was lifted by President Barack Obama in 2009 (Science Progress, 2009). Over time there has been tweaks and establish of bioethical committees regarding the private funding and research of stem cells, but overall, from the 1970's until 2009, stem cell research received little attention and much opposition from the government (Science Progress, 2009). President George W. Bush, in 2007 attempted to divert embryonic stem cell research by an executive order for agencies to look for alternative means (Executive Order 13435, pg. 34591-92).

Currently, U.S. regulations is that the ban on federally funded stem cell research has been lifted by President Obama in 2009 through Executive Order 13505. This order allows the National Institutes of Health (NIH) to grant funds toward this research, provides further guidance on oversight and existing policies, and specifically revokes the earlier Executive Order 13435 by George W.…