Every once in a while, members of the U.S. Congress see, and then seize, the opportunity to pass a law that seems certain to make them popular. Some of these responses to expressions of public will are sensible, even splendid, like the recent emergency appropriation in the wake of terrorist attacks on Washington and New York. But the long-range consequences of decisions to criminalize unpopular behavior—desecrating the flag, for example; or drinking alcohol—are likely to prove troublesome. Congress is now pondering a bill that would ban research on human cloning, subjecting scientists to criminal as well as civil penalties. The legislation is gathering widespread support after its House passage, but it deserves a skeptical second thought.
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Donald Kennedy (2001) studied this question.