Judge Richard Callahan

The Missouri Roundtable for Life, an anti-abortion group that is against embryonic stem cell research, sued the state earlier this year to stop the expenditure from going to the life sciences board. In effect, the group argues that Amendment 2 would require that any funding that goes to life sciences continues into perpetuity, and so therefore it must be stopped now, in case it might ever in the future go toward stem cell research.

Assistant Attorney General Karen Mitchell argued that there is no controversy because in approving the funding this year, the state legislature specifically prohibited the money from going to stem cell research.

Callahan seemed to agree.

“It sounds to me that your controversity is with me, not the plaintiffs,” Callahan said in questioning Missouri Roundtable for Life attorney Stephen Clark. The group is also represented by former chief of staff to Gov. Matt Blunt, Ed Martin.

Callahan didn’t rule on the motion by the state to dismiss the suit, but it sure seems like he’s leaning that way.

Clark said his group is hoping for a ruling from Callahan that indicates that Amendment 2 wiped out the anti-abortion restrictions which were attached to legislation that created the Life Sciences Research Trust Fund, and thus would also wipe out the existence of the fund.

Callahan didn’t seem to be biting. He suggested a ruling from him on legislative appropriations, before the money had even been spent, would amount to an abuse of judicial discretion.

“It sounds to me that it’s thought you’re trying to control, rather than action,” Callahan said.

He likely won’t issue a ruling until after next week’s election.