April 29, 2011
In a 2-1 decision, a federal Appeals Court has ruled that federal taxpayer funding can continue for human embryonic stem cell research. The decision vacated a preliminary injunction that had been issued by Judge Lamberth of the U.S. District Court in August 2010; that preliminary injunction had been put on hold with a temporary stay last Fall. Today's split decision by the appeals panel to vacate the preliminary injunction was made after considering arguments from both sides, given in December 2010.
The opinion on the appeal as well as the dissenting opinion are available online.
Judge Lamberth has yet to issue a decision on the merits of the original lawsuit, so today's decision by the appeals court is only one aspect of the overall case. And according to an updated story from Nature, attorneys for Drs. Sherley & Deisher are "considering asking the Court of Appeals to reconsider the preliminary injunction's merits en banc, meaning that all 13 judges on the court would consider it."