2010-09-02
On
August 31, the Department of Justice filed an appeal
against the injunction
by U.S. District Judge Royce Lamberth in which he ruled National Institutes of
Health (NIH) funding of human embryonic stem cell research violated a law
called the Dickey-Wicker Amendment, which bars federal funding of work that
involves destroying embryos. The Department of Justice asked Judge
Lamberth to rule by September 7 on the request to lift his
injunction.
In
its appeal filing, the Obama Administration expressed the belief that Judge
Lamberth's ruling was overly broad, that it is having a significant negative
impact on embryonic stem cell research, and that there was "serious
doubt" Congress intended the legislation to be so encompassing.
"Numerous ongoing projects will likely not survive even a temporary gap in
funds, jeopardizing both the potential benefit of the research and the hundreds
of millions of dollars of taxpayer funds already invested in it," the
filing said. The Administration pointed out that there are 24 projects
involving human embryonic stem cells that are up for renewed federal funding
between now and the end of September, which have been put on hold. If the
projects ended, it would waste $64 million already invested, and the benefits
from the research could be lost. In a 12-page affidavit included in the appeal
filing, NIH Director Dr. Francis Collins said that 1,300 jobs are at risk due
to the injunction.
The
filing also addressed the claims of the plaintiffs named in the lawsuit that
resulted in the injunction – Dr. James Sherley, a biological engineer at Boston
Biomedical Research Institute, and Theresa Deisher of Washington-based AVM
Biotechnology – who sued, saying Obama's policy violated Dickey-Wicker and
harmed their own chances of getting funding for similar research not involving
embryos. Drs. Sherley and Deisher's "remote economic self-interests
do not outweigh the harm the injunction will cause NIH, the hundreds of
affected human embryonic stem cell researchers, and the millions of individuals
who hold out hope that human embryonic stem cell research will lead to the cure
for, or treatment of, their currently incurable illnesses," the Department
of Justice said.
The
Department of Justice has indicated that if Judge Lamberth to denies the
request for a stay (as is widely expected) or if the District Court hasn't ruled
by next September 7, the government will take its request to the
U.S. Court of Appeals.
ASH is continuing to monitor this issue and will
provide updates on any further developments.
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