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The Nation
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FRIDAY, SEPTEMBER 10, 2010 Federal stem cell funding wins temporary reprieve
Appeals court wants more time to study the case
BY ROB STEIN AND SPENCER S. HSU An appeals court Thursday
allowed the federal government to resume funding human em- bryonic stem cell research while the court reviews whether it violates a ban by Congress on spending taxpayer money for experiments that are connected in any way with the destruction of human embryos. A three-judge panel of the U.S.
Court of Appeals for the D.C. Circuit granted a request from the Justice Department to lift a temporary injunction issued Aug. 23 blocking the funding, saying the court needed more time to consider the case. While themovewas praised by
advocates for the research, the appeals court made clear it was notmaking a final decision. That means the reprieve could be short-lived and the fate of the funding could continue to be whiplashed by seesawing court rulings as the case moves through various appeals and courts. “The purpose of this adminis-
trative stay is to give the court sufficient opportunity to consid- er the merits of the emergency motion for stay and should not be construed in any way as a ruling on the merits of that motion,” the appeals court wrote in its one-page decision. Opponents of stem cell fund-
ing have until Sept. 14 to file a response, and the government must submit its response by Sept. 20. U.S. District Judge Royce C.
Lamberth, ruling in a lawsuit filed by two researchers working on alternatives to the cells, had said the funding violated the Dickey-Wicker Amendment, a federal lawthat prohibits federal tax money from being used for research that involves the de- struction of human embryos. The ruling stunned scientists,
patient advocates and other sup- porters of the research by throw- ing into question millions of dollars in federal funding and the Obama administration’s pol- icy aimed at expanding support for the field. Lamberth on Tuesday rejected
a request to lift the stay pending an appeal. But the Obama ad- ministration appealed that deci- sion to the higher court. Justice Department lawyers argue that the funding does not violate the Dickey-Wicker Amendment be- cause no federalmoney is used to actually destroy embryos. Feder- al funding is available only for experiments using cells obtained from embryos that have been destroyed using privatemoney. Lamberth’s original decision
dismissed that distinction. In response to the order, the
National Institutes ofHealth sus- pended consideration of any new grants for such research. Scien- tists who had already received funding could continue, but their grants would not be re- newed when they come up for routine review, the NIH said. In a written statement, the
NIH and Justice Department said: “We are pleased with the Court’s interim ruling, which will allow this important, life- saving research to continue while we present further argu- ments to the Court in the weeks to come.” In its appeal, the Justice De-
partment argued that the halt to the funding was causing irrepa- rable harm to researchers, the federal government and patients hoping for cures. “It is crucial that federal fund-
ing for human embryonic stem cell research be restored perma- nently, and this stay is a step in that direction,” said LisaHughes, president of the Coalition for the Advancement of Medical Re- search, a coalition of patient advocacy groups, scientists and research organizations that has lobbied for the funding. “While this issue continues to be argued in the courts,we call on Congress to move swiftly to resolve this issue and secure the future of this important biomedical re- search.” Rep. Diana DeGette (D-Colo.),
who has championed perma- nently allowing the funding, said she expected Congress would consider legislation that was twice approved but then vetoed by President GeorgeW. Bush. “Given the potentially devas-
tating blow this court case could give to ethical research, I think the momentum is strong for passing legislation,” DeGette said. Individual researchers facing
the loss of millions of dollars in federal grants were relieved.
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that the appeals court has acted swiftly to lift the ban even while it considers the government’s emergency motion. Needless to say, the district court’s ban, if maintained, would be devastat- ing for the research inmy labora- tory as well as the field in general,” said Ali H. Brivanlou, a stem cell researcher at the Rock-
efeller University in New York. But the decision was con-
demned by opponents. “The American people should
not be forced to pay for even one more day of experiments that destroy human life, have pro- duced no real-world treatments and violate an existing federal law,” said Steven H. Aden, a lawyer at the Alliance Defense
Fund, which filed the lawsuit. “The district court’s decision simply enforced that law, which prevents Americans frompaying another penny for needless re- search on human embryos made irrelevant by adult stem cell and other research.” Lamberth has indicated he is
willing to quickly consider a motion for summary judgment
filed Thursday by the plaintiffs. In that case, a fresh government appeal could be expected. Aden said the uncertainty sur-
rounding the ongoing legal bat- tles couldmake it difficult for the government to resume activity involving the research in ques- tion. “We expect the circuit court to rule expeditiously,” Aden said,
“and in light of that, as a practi- cal matter, it may be difficult for NIH to turn the battleship around, so to speak, and go the other direction, knowing that decisionmight again be reversed within amatter of several days.”
steinr@washpost.com hsus@washpost.com
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