2010-09-07
The
U.S. Senate has begun to consider legislative means lift the injunction
banning federally funded embryonic stem cell research. Senator Tom Harkin
(D-IA), Chair of the Senate Health, Education, Labor and Pensions (HELP) Committee
has scheduled a hearing on the stem cell decision for September 16 to hear from
scientists whose research has been stopped as a result of the injunction.
The Senate HELP Committee has also
indicated it is looking to lift the funding freeze by modifying the language of
a 1995 law known as the Dickey-Wicker amendment, which prohibits the use of
federal funds for research that destroys human embryos. Amending the
Dickey-Wicker amendment will be challenging, as the new legislation will have to
be very specific to satisfy Judge Lamberth’s concerns about its
interpretation. Previously, the Department of Health and Human Services
(HHS) had concluded National Institutes of Health (NIH) support of human
embryonic stem cell research did not violate the amendment if the funds were
used only for research involving the cells – not to procure them. The
court ruling, however, rejected that distinction, citing the “unambiguous
intent of Congress to enact a broad prohibition of funding...all research in which
an embryo is destroyed, not just the piece of research in which the embryo is
destroyed.”
Meanwhile, in the U.S. House of
Representatives, Representatives Diana DeGette (D-CO) and Michael Castle
(R-DE), have indicated they have gained support for legislation they have
introduced which would codify President Obama’s March 2009 Executive
Order expanding federally funded embryonic stem cell research. The
Stem Cell Research Advancement Act (HR
4808) would “ensure a lasting ethical framework" for human stem cell
research at NIH and would authorize HHS to conduct and support research on
human stem cells, including embryonic stem cells. The legislation would
also require NIH to maintain guidelines on human stem cell research conducted
or supported by HHS, to review the guidelines at least every three years and
update them as warranted. ASH supports this legislative proposal and
Representatives DeGette and Castle have indicated that they believe the House
may consider the legislation prior to adjourning for the mid-term elections in
early October.
Additionally,
there has been action in the courts. On Friday, September 3, 2010, the
Coalition for the Advancement of Medical Research (CAMR), of which ASH is a
member, filed an amicus
brief in support of the Department of Justice’s (DOJ) appeal
against the injunction
by U.S. District Judge Royce Lamberth blocking NIH
funding of human embryonic stem cell research. The brief filed by CAMR
addresses two of the four factors relevant to evaluating the DOJ emergency stay
motion: the public interest and the likelihood of harm to other parties.
CAMR asked for the stay to be granted, stating that “…the preliminary
injunction will, if not stayed, radically disrupt, and perhaps permanently cripple,
ongoing and planned human embryonic stem cell research.”
ASH continues to support federal funding of
human embryonic stem cell research. The Society remains deeply concerned
about the court’s decision and the negative impact that the decision will have
on embryonic stem cell research and development of therapies for
patients. ASH will continue to work with its congressional champions on
this issue to determine what legislative strategy is the smartest, most
effective course to follow. The Society will continue to monitor and
provide updates on all developments.
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