Monday, September 13, 2010

Scientists Are Optimistic as Appeals Court Lifts Injunction Against Stem-Cell Research

The federal government can continue to finance embryonic-stem-cell research, temporarily, because a federal appeals court on Thursday lifted an injunction that had blocked such work. The move added to optimism about eventual victory for university scientists who use this research in a search for cures for a range of devastating diseases.

The original injunction was issued August 23 by Judge Royce C. Lamberth of the U.S. District Court of the District of Columbia. The appeals court lifted it after the Justice Department argued that the ban would harm both scientists and taxpayers.

But the court also ordered the two sides in the case to submit written briefs by September 20 setting out their arguments for whether the injunction should be put back into effect for an expected trial lasting several months. During that trial, Judge Lamberth will hear a full set of arguments over the legality of the Obama administration's policy of expanded federal support for embryonic-stem-cell research.

The new appeals-court action was especially welcome to stem-cell scientists because Judge Lamberth's injunction had prevented the National Institutes of Health from distributing millions of dollars in research money at a time, near the end of the federal fiscal year on September 30, when the NIH often awards many of its grants, said Anthony J. Mazzaschi, senior director for scientific affairs at the Association of American Medical Colleges. "At least in theory by this, they can restart the grant-review process," Mr. Mazzaschi said of the NIH.

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