Appeals court permits stem cell funding to continue while case is decided

[t0dd]

Source: TheCheckup

A federal appeals courts Tuesday permanently lifted an injunction that had barred the federal government from funding human embryonic stem cell research pending the outcome of a lawsuit challenging the Obama administration's new policies on the controversial field of science.

The decision lifts the temporary injunction ordered on Aug. 23 by Chief Judge Royce Lamberth of the U.S. District Court in Washington. Ruling in a case filed by two scientists working on alternatives to the cells, Lamberth said the funding violated the Dickey-Wicker law, which bars federal funding of research that involves the destruction of human embryos.

The Obama administration appealed Lamberth's decision, and a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit on Sept. 9 temporarily lifted the injunction pending further consideration. The appeals court on Monday heard arguments about whether to permanently lift the injunction until the case is decided.

During Monday's hearing, Justice Department attorney Beth Brinkmann argued that the injunction would result in "irreparable harm" to the National Institutes of Health because researchers could lose crucial experiments and scientific materials. Brinkmann was met by skeptical questions from the judges. But Thomas Hunger, the lawyer who represented the researchers who filed the original suit, also faced tough questions, so it was unclear how the court would rule.


Read more: http://voices.washingtonpost.com/checkup/2010/09/stem_cell_funding_ruling_await.html

[kpete]

1. US appeals court allows stem cell funds to continue

Source: Reuters

UPDATE 1-US appeals court allows stem cell funds to continue


By Jeremy Pelofsky

WASHINGTON, Sept 28 (Reuters) - A U.S. appeals court on Tuesday allowed federal funding for human embryonic stem cell research to continue pending a full appeal, lifting an injunction issued by a federal judge who had said the Obama administration's policy violated the law.

The U.S. Court of Appeals for the District of Columbia Circuit said the Obama administration had "satisfied the standards required for a stay pending appeal" of the injunction imposed by the judge last month.

Judge Royce Lamberth ruled the National Institutes of Health guidelines on the research violated the law because embryos were destroyed in the process and it put other researchers working with adult stem cells at a competitive disadvantage for federal grants.

The Obama administration challenged his ruling and asked the appeals court to put it on hold pending its decision on the merits of the dispute. The appeals court ordered an expedited schedule for arguments.

Read more: http://www.reuters.com/article/idUSN2811886520100928?type=marketsNews

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