Abstract

Given the inevitable future availability of human gene therapy, this Note attempts to analyze the legal implications of conducting gene therapy. While there are undoubtedly supporters for banning human gene therapy, there are possible constitutional obstacles to realizing such bans. Part II of this Note focuses on the likelihood of success of such constitutional challenges under the Due Process Clause of the Fifth and Fourteenth Amendments. Part III describes the basics behind human gene therapy and explores how gene therapy differs from other reproductive technologies such as cryopreservation and preimplantation screening. Part IV addresses some of the commonly feared abuses associated with human gene therapy and legislative measures that may prevent such abuses from occurring. Part V discusses the different levels of judicial review that may be applied in a constitutional challenge on the practice of gene therapy. Part V will also consider the potential governmental interest in regulating human gene therapy. This Note concludes that constitutional challenges to the practice of gene therapy are likely to fail in cases where gene therapy is being used for therapeutic purposes-to correct genetic abnormalities. Constitutional challenges may succeed, however, in preventing various abuses of gene therapy technology.

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