A federal judge on Monday issued a preliminary injunction that blocks the federal government from funding medical research involving human embryonic stem cells, a blow to the Obama administration's bid to expand stem-cell research efforts.
UPDATE 9/10/10: Federal appeals court suspends previous federal judge’s ruling -- federally funded human embryonic stem cell research to resume.
UPDATE 8/30/10: NIH shuts down its own embryonic stem cell research
UPDATE 8/24/10: Obama administration plans to fight to kill embryos; Dems fearful of issue
-- From "Judge Blocks US Funding Of Embryonic Stem-Cell Research" by Brent Kendall, Dow Jones Newswires (posted at Wall Street Journal) 8/23/10
U.S. Chief District Court Judge Royce Lamberth in Washington ruled that government funding for embryonic stem-cell research was barred by a law that prohibits the use of federal money for research in which an embryo is destroyed.
Lamberth said Congress clearly intended to bar federal funding of research involving embryo destruction, and added, "This Court is bound to apply the law as it is written."
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From "Judge stops federal funding of embryonic stem cell research" by the CNN Wire Staff 8/23/10
Lamberth's ruling said all embryonic stem cell research involves destroying embryos, which violates the Dickey-Wicker Amendment included in federal spending bills.
"The Dickey-Wicker Amendment unambiguously prohibits the use of federal funds for all research in which a human embryo is destroyed," Lamberth's ruling said. "It is not limited to prohibit federal funding of only the 'piece of research' in which an embryo is destroyed. Thus, if ESC [embryonic stem cell] research is research in which an embryo is destroyed, the guidelines, by funding ESC research, violate the Dickey-Wicker Amendment."
The Justice Department was reviewing the decision, spokesperson Tracy Schmaler said.
President Barack Obama signed an executive order in March 2009 that repealed a Bush-era policy limiting federal dollars for human stem cell research. Obama's act permitted the National Institutes of Health to conduct and fund studies on embryonic stem cells.
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From "Judge Forces Obama Admin to Stop Funding Embryonic Stem Cell Research" by Steven Ertelt, LifeNews.com Editor 8/23/10
The Obama administration can try to appeal the decision granting the preliminary injunction or could try to rewrite the guidelines to comply with the law. With the initial decision in place, both sides will likely present arguments about whether the order should be permanently blocked.
Dr. Theresa Deisher, of AVM Biotechnology and Dr. James L. Sherley, a former MIT professor and scientist, are parties to the lawsuit because they say the Obama order sends funding for their adult stem cell research to scientists working with unproven embryonic stem cells.
The lawsuit, filed in August 2009, alleges that the guidelines governing destructive embryonic stem cell research implemented by the Obama administration in July “are contrary to law, were promulgated without observing the procedures required by law."
Thomas G. Hungar, one of the lawyers for the plaintiffs, which includes the Alliance Defense Fund and the Christian Medical Association, said in 2009 when the lawsuit was filed, "the language of the [Dickey-Wicker] statute is clear" that it "bans public funding for any research that leads to the destruction of human embryos."
Sam Casey, General Counsel of Advocates International's Law of Life Project, a public interest legal project involved in the case, pointed out that NIH officials have admitted they violated the public comment process by ignoring the majority of comments coming from pro-life advocates opposed to destroying unborn children for their stem cells.
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The case is Sherley v. Sebelius, 09-cv-1575, U.S. District Court for the District of Columbia (Washington).
Click headlines below for previous articles:
Obama, Again, Chooses Death for the Unborn
Obama Administration Outlines Embryo Destruction
Adult Stem Cell Success - No Embryo Killing Necessary
Embryonic Stem Cells Fail Where Other Research Advances
CBS Deceptive Stem Cell Research Report
ObamaCare Terminates Adult Stem Cell Treatments
Bush Took the High Road on Stem Cells
