Forbes v. Napolitano (2000) was a US court case that established that Arizona researchers could use fetal tissues from induced abortions for basic scientific research, for instance, as a source of stem cells. The case challenged the constitutionality of the Arizona Revised Statute (ARS) 36-2303 in the Ninth Circuit US Court of Appeals, a law that banned researchers from using fetal tissues from abortions for any type of medical experimentation or investigation. The Ninth Circuit US Court of Appeals decision in Forbes v. Napolitano set a precedent in Arizona that allowed researchers and physicians to use tissues from aborted fetuses for medical research and treatments. Arizona later passed a state law in 2016 that sought to make obsolete the decision reached in Forbes v. Napolitano by revising ARS 36-2303 to avoid the problems the court had found with it.
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Claudia Nunez-Eddy
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Arizona Board of Regents
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