After nearly three years of litigation, a state appeals court upheld the constitutionality of California’s $3 billion stem cell research agency last month.

Abortion foes and anti-tax advocates rallied against proposition 71, which enabled funding in the form of bonds for stem cell research, prior to the initiative’s 2004 passing and have been fighting against the people’s voice since.

Thankfully, the 1st District Court of Appeals upheld a lower court’s decision ruling in favor of the California Institute of Regenerative Medicine, created by prop. 71. However, this doesn’t mean it’s over. Other groups including the Advocates of Faith and Freedom are talking about going all the way to the Supreme Court. Which, given two new conservative appointees and Justice Scalia’s seemingly increasing prestige and oh-so-right-wing nature, could prove disastrous for the initiative.

But why would a conservative Supreme Court Matter? The actual constitutionality of the measure was barely in question and has been deemed solid. The voters decided on it. Aren’t we a democracy? Don’t we have a say?

This is America, baby!

In America we don’t just have voters and the Constitution, we have lobbyists, interest groups and more importantly-lawyers-lots and lots of lawyers.

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