Court Grants Permanent Stay in Stem Cell Case

Court Grants Permanent Stay in Stem Cell Case

The National Institutes of Health (NIH) can continue to support human embryonic stem cell research while the government fights a lawsuit challenging the Obama administration’s funding policies, an appeals court ruled late Tuesday.

The U.S. Circuit Court of Appeals for the District of Columbia permanently stayed an injunction imposed on Aug. 23 by U.S. District Judge Royce Lamberth, who ruled that the NIH’s July 2009 funding guidelines violated the so-called Dickey-Wicker Amendment, which prohibits the use of federal funds for the creation of human embryos for research or research in which human embryos are destroyed or discarded.

A three-judge panel from the appeals court earlier this month had temporarily stayed the injunction, and on Monday, the court heard oral arguments about whether taxpayer dollars should fund hESC research while the case is waged.

On Tuesday, the appeals court said the government had satisfied the standards required for a stay pending appeal.

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