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Government will appeal injunction against stem cell funding

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Government will appeal injunction against stem cell funding

Post by Breezey Breezey on Wed Aug 25, 2010 8:34 am

This is a part of the article. To me, it explains why it was done.


Monday's ruling involved a lawsuit against the NIH filed by
researchers opposed to use of embryonic stem cells, a group that seeks
adoptive parents for human embryos created through in vitro
fertilization, the nonprofit Christian Medical Association and others. Lamberth's ruling stops the federal funding of embryonic stem cell research while the lawsuit proceeds through the legal system. In his ruling, Lamberth said he was granting the injunction because of the likelihood that the lawsuit will succeed. The
ruling said all embryonic stem cell research involves destroying
embryos, which violates the Dickey-Wicker Amendment included in federal
spending bills. "The Dickey-Wicker Amendment unambiguously
prohibits the use of federal funds for all research in which a human
embryo is destroyed," said the ruling by Lamberth, who was nominated to
the federal bench by then-President Ronald Reagan in 1987. "It is not
limited to prohibit federal funding of only the 'piece of research' in
which an embryo is destroyed. Thus, if ESC [embryonic stem cell]
research is research in which an embryo is destroyed, the guidelines, by
funding ESC research, violate the Dickey-Wicker Amendment."
The rest of the article can be found in this link...http://www.cnn.com/2010/US/08/24/stem.cell.funding/index.html?iref=obnetwork

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Re: Government will appeal injunction against stem cell funding

Post by roxanna on Wed Aug 25, 2010 9:40 am

i remember reading quite some time ago that it's not necessary to use embryonic stem cells, some others are just as effective ,and does not involve killing embryos. i'll try to find the article.

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Re: Government will appeal injunction against stem cell funding

Post by Breezey Breezey on Wed Aug 25, 2010 9:46 am

I would be interested in reading that, Roxanna.

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Re: Government will appeal injunction against stem cell funding

Post by Ja'aj on Wed Aug 25, 2010 11:13 am

As I recall, the 'scientific community' had found a way to
synthesize stem cells.
Knee-jerk response is dangerous; I'm gonna wait and see.
The use of stem cells in fighting otherwise incurable injuries and
defects is way-too-important to fluff off.

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Re: Government will appeal injunction against stem cell funding

Post by JackRabbit on Wed Aug 25, 2010 11:30 am

Seems there's alot of "political posturing" going on.
I wonder if any of them REALLY care about anything
except furthering their own careers.
I know ... I guess I'm just a cynic.
"Cynicism is an unpleasant way of saying the truth."
-- Lillian Hellman --

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Re: Government will appeal injunction against stem cell funding

Post by Ja'aj on Wed Aug 25, 2010 12:09 pm

Doncha just love Hellman? I do.
I wish there was a way to know what these
politcians really think.
And crossing fingers mentally or behind the back doesn't count.
Somehow I feel it all changes when/if it affects them personally.

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Embryonic stem cell funding allowed — for now

Post by Ja'aj on Thu Sep 09, 2010 9:16 pm

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Setember 9, 2010


Stem cell ruling to be appealed; some work stops

By PETE YOST and LAURAN NEERGAARD, Associated Press Writers Pete Yost And Lauran Neergaard, Associated Press Writers – 2 hrs 53 mins ago

WASHINGTON –
The government may resume funding of embryonic stem cell research for now, an appeals court said Thursday, but the short-term approval may be of little help to research scientists caught in a legal battle that has just begun.

It is far from certain that scientists actually will continue to get federal money as they struggle to decide what to do with research that is hard to start and stop.

After U.S. District Court Judge Royce Lamberth issued a preliminary order barring the funding on Aug. 23, the National Institutes of Health suspended work on funding new research projects on embryonic stem cells. While NIH didn't immediately comment Thursday on the temporary stay from the appeals court, the government's process for approving these grants is unlikely to resume before a final court resolution.

With appeals, that could be many months off.

"No way this would be a scientific reprieve," said Patrick Clemins of the American Association for the Advancement of Science.

Scientists who already have received taxpayer money for stem cell experiments can continue their work until their dollars run out, but 22 projects that were due to get yearly checks in September were told after Lamberth's order that they'd have to find other money. Most of the researchers have multiple sources of funding and are working now to separate what they can and can't continue, Clemins said.

Medical researchers value stem cells because they are master cells that can turn into any tissue of the body. Research eventually could lead to cures for spinal cord injuries, Parkinson's disease and other ailments, they believe.

The Obama administration is asking the appeals court in Washington to strike down a preliminary injunction by Lamberth that blocked the funding. Lamberth left little doubt that he is inclined to issue a final order barring that funding, but he has yet to issue that ruling, which inevitably will set off a new round of appeals.

Lamberth concluded that those who challenged the government support had demonstrated a strong likelihood of success in their lawsuit. He said the clear intent of a law passed by Congress was to prohibit federal spending on research in which a human embryo is destroyed.

Steven H. Aden, senior legal counsel for the Alliance Defense Fund, which is involved with that lawsuit, said after Thursday's action, "The American people should not be forced to pay for even one more day of experiments that destroy human life, have produced no real-world treatments and violate an existing federal law."

Lamberth rejected the administration's request to let funding continue while it appealed his preliminary order, but the three-member appeals panel disagreed on Thursday. It is suspending Lamberth's ruling for now.

The appeals judges pointedly cautioned that their three-paragraph order "should not be construed in any way as a ruling on the merits."

"Nothing has really changed, because all issues are still out there and still unresolved," said Dr. Norman Fost, director of the bioethics program at the University of Wisconsin at Madison, who was on the National Academy of Sciences committee that wrote the first national guidelines on embryonic human stem cells.

University of Texas professor John Robertson, who specializes in law and bioethics, called Thursday's ruling a step forward to whatever extent it allows any federal funding to continue, but he added that researchers face a difficult reality of working on multiyear projects amid a legal battle of uncertain duration and outcome.

"They've received the first year of a grant, and they will have to stop when the money runs out," Robertson said in an interview.

Lisa Hughes, president of the Coalition for the Advancement of Medical Research, said her organization was pleased.

"It is crucial that federal funding for human embryonic stem cell research be restored permanently, and this stay is a step in that direction," Hughes said. "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 research."

The appeals judges in the case are Karen LeCraft Henderson, Janice Rogers Brown, and Thomas B. Griffith. Henderson was appointed by George H.W. Bush and Brown and Griffith were appointed by George W. Bush.

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Re: Government will appeal injunction against stem cell funding

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