Stem-cell funding still mired in courts

JUDGE RULES SUITS ON PROPOSITION 71 CAN GO TO TRIAL

By Steve Johnson

Mercury News


A judge Tuesday denied a motion to dismiss two lawsuits challenging the legality of California's year-old $3 billion stem-cell institute, making it likely public funding for the institute will continue to be blocked well into next year.

Alameda County Superior Court Judge Bonnie Sabraw also denied motions by the plaintiffs, who had asked her to declare the stem-cell program unconstitutional.

Sabraw ordered the parties back to court Tuesday to set a trial date, noting that she planned to ``proceed to trial promptly.'' Both sides in the case said it's possible a trial might not begin until spring. Whoever loses at that point is expected to file an appeal, dragging the case out even longer.

Even so, Robert Klein, who chairs the California Institute for Regenerative Medicine, said he was happy with the judge's ruling because it found no immediate reason to declare the stem-cell program unconstitutional.

``We would have loved to have a home run,'' by having the suits dismissed, Klein said. ``But boy, this...