Edited by Mashal Natha, Sofia Meinardus, Sudipta Rout, Rohith Raman
Abstract
As cloning technology transitions from scientific speculation to practical possibility, U.S. law remains unequipped to regulate its ethical and legal implications. This paper explores the constitutional, statutory, and policy gaps that have left human cloning largely unregulated at the federal level. It argues that outdated federal instruments like the Dickey-Wicker Amendment and fragmented state laws have created a disjointed and ineffective framework. Drawing on Commerce Clause and Spending Clause authority, Supreme Court precedent, and comparative models from state and foreign jurisdictions, the paper proposes a constitutionally viable federal structure. This includes distinguishing reproductive from therapeutic cloning, integrating ethics-based funding oversight, and incorporating sunset provisions to adapt to evolving science. While predictive in nature, this paper offers practical pathways for developing forward-looking, enforceable federal cloning policy grounded in existing jurisprudence.
