On Embryonic Stem Cell Research: Judge Denies DOJ Motion for Stay

Yesterday federal judge Royce Lamberth, the judge who ruled that government funding of research on human embryonic stem cells (hESCs) violates federal law, denied the Obama administration's motion for a stay of his order. "Defendants are incorrect," he wrote in his latest decision, "about much of their 'parade of horribles' that will supposedly result from this Court's preliminary injunction." (For background on this story, go here and here.)

Lamberth continued:

In this Court's view, a stay would flout the will of Congress, as this Court understands what Congress had enacted in the Dickey-Wicker Amendment. Congress remains perfectly free to amend or revise the statute. This Court is not free to do so.

Congress has mandated that the public interest is served by preventing taxpayer funding of research that entails the destruction of human embryos.

Lamberth's ruling also confirmed that "projects previously awarded and funded are not affected by this Court's order," an opinion conceded by the plaintiffs.

However, there appear to be at least 2 sources of confusion regarding Lamberth's ruling, both raised by the plaintiffs:

• Whether the order exempts intramural (ie, on-site) NIH projects.
• Whether the order prevents the NIH from reviewing research applications or maintaining the hESC Registry.

Lamberth advises that motions to clarify these issues "can be expeditiously briefed and decided."

The judge also reveals that plaintiffs will likely file a motion of summary judgment by the end of this week (September 10). Recourse for the Obama administration consists of an appeal and, of course, asking Congress to revise the law.

N.B.—The Nature blog ("The Great Beyond") is all over this ongoing story and provides easy access to relevant court documents.

Image of undifferentiated hESCs from http://www.nih.gov/catalyst/2007/07.01.01/page1.html.