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Obama Signs Law Banning Federal Embryo Research Two Days After Signing Executive Order to OK It
CNS News ^ | March 13, 2009 | Terence P. Jeffrey

Posted on 03/13/2009 8:12:20 PM PDT by Between the Lines

On Wednesday, only two days after he lifted President Bush’s executive order banning federal funding of stem cell research that requires the destruction of human embryos, President Barack Obama signed a law that explicilty bans federal funding of any "research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death."

The provision was buried in the 465-page omnibus appropriations bill that Obama signed Wednesday. Known as the Dickey-Wicker amendment, it has been included in the annual appropriations bill for the Department of Health and Human Services every fiscal year since 1996.

The amendment says, in part: "None of the funds made available in this Act may be used for—(1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death."

Found in Section 509 of Title V of the omnibus bill (at page 280 of the 465-page document), the federal funding ban not only prohibits the government from providing tax dollars to support research that kills or risks injury to a human embryo, it also mandates that the government use an all-inclusive definition of “human embryo” that encompasses any nascent human life from the moment that life comes into being, even if created in a laboratory through cloning, in vitro fertilization or any other means.

“For the purposes of this section,” says the law, “the term ‘human embryo or embryos’ includes any organism … that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.” (The entire verbatim text of Section 509 of the omnibus spending law is reprinted at the bottom of this article.)

At a widely publicized White House ceremony on Monday, President Obama signed his own executive order lifting an executive order that President Bush had signed in 2001. While allowing federal funding of research involving embryonic stem cell lines that had already been created from embryos that had already been destroyed, Bush's 2001 order denied federal funding to research that required the killing of any additional embryos.

“For the past 8 years, the authority of the Department of Health and Human Services, including the National Institutes of Health (NIH), to fund and conduct human embryonic stem cell research has been limited by Presidential actions,” said the order that President Obama signed Monday. “The purpose of this order is to remove these limitations on scientific inquiry, to expand NIH support for the exploration of human stem cell research, and in so doing to enhance the contribution of America's scientists to important new discoveries and new therapies for the benefit of humankind.”

The order went on to say: “The Secretary of Health and Human Services (Secretary), through the Director of NIH, may support and conduct responsible, scientifically worthy human stem cell research, including human embryonic stem cell research, to the extent permitted by law.”

Thanks to the Dickey-Wicker language in Section 509 of the omnibus bill, the "extent permitted by law" will continue to forbid federal funding of research that even puts embryos at risk.

Close observers on both sides of the embryonic stem cell issue were well aware of the Dickey-Wicker amendment, and understood that it would pose a legal obstacle to federal funding of embryo-killing research even if President Obama issued an executive order reversing President Bush's administrative policy denying federal funding to that research.

Rep. Diana DeGette (D.-Colo.) sponsored the House version of a bill--vetoed by President Bush--that would have legalized federal funding of stem cell research that destroys so-called “spare” human embryos taken from in vitro fertilization clinics. On Monday, she told The New York Times she had already approached what she called “several pro-life Democrats” about the possibility of repealing Dickey-Wicker.

“Dickey-Wicker is 13 years old now, and I think we need to review these policies,'' The Times quoted DeGette as saying. “I’ve already talked to several pro-life Democrats about Dickey-Wicker, and they seemed open to the concept of reversing the policy if we could show that it was necessary to foster this research.”

Rep. Mike Castle (R.-Del.), who co-sponsored Rep. DeGette’s bill, similarly stated this week that Dickey-Wicker should be revisited.

"Certainly, the Dickey-Wicker amendment . . . is something we need to look at," Castle told Congressional Quarterly Today on Monday. "That was passed in 1996, before we realized the full potential of embryonic stem cell research. Some researchers are telling us now that that needs to be reversed."

Douglas Johnson, spokesman for the National Right to Life Committee, said in a press release Monday that President Obama’s executive order lifting the ban on federal funding for embryo-destroying stem cell research “set the stage” for an effort to repeal Dickey-Wicker.

“This sets the stage for an attack on the Dickey-Wicker law, which since 1995 has been a provision of the annual appropriations bills for federal health programs,” said Johnson. “Any member of Congress who votes for legislation to repeal this law is voting to allow federal funding of human embryo farms, created through the use of human cloning.”

In the remarks he made Monday when announcing the executive order, President Obama said he wanted to close the door to “the use” of cloning for human reproduction but not for other purposes.

“And we will ensure that our government never opens the door to the use of cloning for human reproduction. It is dangerous, profoundly wrong and has no place in our society, or any society,” said Obama.

A bill sponsored in the last Congress by Sen. Dianne Feinstein (D.-Calif.) and Sen. Orrin Hatch (R- Utah) would specifically permit federal funding of research using human embryos that are created by cloning and kept alive for no more than 14 days so that their stem cells can be extracted. Federal funding of this type of research is prohibited by Dickey-Wicker.

Researchers are interested in cloning human embryos for prospective stem cell therapies because it might help overcome the problem posed by a patient's immune system, which rejects stem cells derived from another person but might accept stem cells if they are taken from an embryo cloned from the patient himself.

On Tuesday morning, The New York Times carried an editorial calling on Congress to repeal Dickey-Wicker.

“Other important embryonic research is still being hobbled by the so-called Dickey-Wicker amendment,” The Times editorialized. “The amendment, which is regularly attached to appropriations bills for the Department of Health and Human Services, prohibits the use of federal funds to support scientific work that involves the destruction of human embryos (as happens when stem cells are extracted) or the creation of embryos for research purposes.”

“Congress should follow Mr. Obama's lead and lift this prohibition so such important work can benefit from an infusion of federal dollars,” The Times said.

The next day, President Obama signed H.R. 1105, the “Omnibus Appropriations Act, 2009,” which includes the Dickey-Wicker language. Unless Congress passes and President Obama signs new legislation to repeal Dickey-Wicker, it will now be the law of the land at least through September 30, when this fiscal year ends.

The text of Section 509 of the Omnibus Appropriations Act, 2009, reads as follows:

SEC. 509. (a) None of the funds made available in this Act may be used for—(1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)). (b) For purposes of this section, the term ‘‘human embryo or embryos’’ includes any organism, not protected as a human subject under 45 CFR 46 as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.


TOPICS: Breaking News; Government
KEYWORDS: bho44; bhoflipflops; bhostemcells; bioethics; clueless; first100days; obama; stemcell
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To: Between the Lines
Photobucket
141 posted on 03/14/2009 9:43:16 AM PDT by sionnsar (Iran Azadi | 5yst3m 0wn3d - it's N0t Y0ur5 (SONY) | "Tax the rich" fails if the rich won't play)
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To: Between the Lines

This just means that 0bama can’t use monies from the omnibus bill for funding.

0bama will allocate funding from other sources, I’m sorry to say.


142 posted on 03/14/2009 9:54:51 AM PDT by Taking Congress back in 2010
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To: Venturer

“Did it ever occur to them that you should read what you sign?”

Heck, most of them don’t even read what they pass.


143 posted on 03/14/2009 9:59:01 AM PDT by Purrcival (Proud to share my birthday with President Reagan)
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To: Between the Lines

The dimocraps will just work up a law freeing money for whatever purpose they choose. Passed and signed, and that will be it. They have the numbers, for now, and we can only pray that 2010 sees a GOP surge (But that will not occur with Steele at the helm).


144 posted on 03/14/2009 9:59:53 AM PDT by BlueStateBlues (Blue State for business, Red State at heart.........2012--can't come soon enough.)
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To: Mad_Tom_Rackham

I was wondering the same thing. If Dickey-Wicker has been in force since...what, 1995?...was President Bush’s executive order superfluous? Or Did his executive order somehow prevent Congress from overturning Dickey-Wicker? Does Obama’s repeal of the executive order pave the way for overturning Dickey-Wicker? How does this work?


145 posted on 03/14/2009 10:02:24 AM PDT by Purrcival (Proud to share my birthday with President Reagan)
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To: Between the Lines

Excuse me while I recover from the whiplash - wuhappened, the O man get hit in the head?


146 posted on 03/14/2009 10:03:10 AM PDT by WorkerbeeCitizen (The only time I want a Republican reaching across the aisle is to smack a liberal.)
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To: Lorianne

Obama’s making Jimmah the Peanut look like a friggin genius with regards to the worst precedent ever !

With such games the Obamination is trying to please all with his sh*t and shinola snake oil road show yet he is pissing off his base, his handlers, fellow polidiots and his presstitute propagandist’s as he ignores their agenda with his own seditious plan ....... I love it !

Mugabe is in the house !


147 posted on 03/14/2009 10:13:27 AM PDT by Squantos (Be polite. Be professional. But have a plan to kill everyone you meet)
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To: Between the Lines

It's hard being the Messiah.

148 posted on 03/14/2009 10:22:26 AM PDT by McGruff (If the War on Terrorism is over, do the terrorist know that?)
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To: Between the Lines

Watching Obama is like watching someone trying to learn to drive a stick shift, having never been in a car.


149 posted on 03/14/2009 10:23:58 AM PDT by Egon (The difference between Theory and Practice: In Theory, there is no difference.)
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To: Between the Lines

Obama is a clown off camera and Biden is a clown.


150 posted on 03/14/2009 10:25:48 AM PDT by dr_who
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To: CRBDeuce

I am with you Brother.


151 posted on 03/14/2009 10:28:11 AM PDT by Danae (Amerikan Unity My Ass)
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To: Between the Lines

On Wednesday, only two days after he lifted President Bush’s executive order banning federal funding of stem cell research that requires the destruction of human embryos, President Barack Obama signed a law that explicilty bans federal funding of any “research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death.”


This is just wierd.


152 posted on 03/14/2009 10:53:27 AM PDT by Grunthor (All men are frauds. The only difference between them is that some admit it. I myself deny it.)
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To: All

A Narcissist at Work

“...The most telling thing that narcissist do is contradict themselves. They will do this virtually in the same sentence without even to take a breath...”

http://www.halcyon.com/jmashmun/npd/traits.html


153 posted on 03/14/2009 10:54:45 AM PDT by Milligan
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To: Right Winged American
Ok, I wrote a reply to another poster who said basically the same thing you did. However, you both neglected to comprehend what I said. I said he was TRYING to game the system. I also think he made a blunder, not because he didn't know what was in the bill, but because he thinks he is smarter than anyone, including his handlers. That is why he makes so many mistakes, he ignores what they tell him because, after all, he is the one.

He really believes he is something special, he is INSANE. Anyone who heard him, or read the words, where he said that the American voter would have a light shine down and them and would know they should vote for Bozo has to know the man is crazier than a shit house mouse.

Therefore my premise about him TRYING to game the system has a good chance of being correct. On the other hand I have been wrong before and I expect I will be wrong again before I die:). I never said he was going to get away with it, there are to many parties with an interest in the funding to let it die without screaming their heads off.

What ever the reason, whether a blunder because of his massive ego or just a flat out head up the butt moment, he has once again proved his inability to hold any real office.

154 posted on 03/14/2009 11:04:28 AM PDT by calex59
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To: hoosiermama

or “It’s All Bush’s Fault” Why I haven’t walked on water my first 100 days in office....


155 posted on 03/14/2009 11:10:54 AM PDT by Brytani (Obama's Hope and Change - Hope for terrorists and Change left in our wallets)
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To: toast

Right. They take money from thousdands of sources, pour it into one pot, and then pour it into thousands of pots. In the end, they can say “No funding from pot #4,586 can go to cause ABCD”. In essence, it’s a sham. Were that not the case, there is NO WAY the abortion lobby would have let that language stand.


156 posted on 03/14/2009 11:25:15 AM PDT by Mad_Tom_Rackham (The inmates are now officially running the asylum.)
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To: Between the Lines

"CLUELESS"

157 posted on 03/14/2009 11:42:44 AM PDT by Servant of the Cross (the Truth will set you free)
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To: elfman2; Admin Moderator

This headline is a lie. See post 84


158 posted on 03/14/2009 11:42:44 AM PDT by elfman2 (TheRightReasons.net - Reasoning CONSERVATIVES without the kooks.)
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To: Between the Lines

Sounds like he’s working both sides


159 posted on 03/14/2009 11:52:19 AM PDT by angelcindy ("If you follow the crowd,you get no further than the crowd")
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To: Between the Lines

We can call him the peer pressure pres.....keep up the pressure guys


160 posted on 03/14/2009 11:53:17 AM PDT by angelcindy ("If you follow the crowd,you get no further than the crowd")
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