Embryonic Stem Cell Research Foes File Appeal

Opponents of federal funding for embryonic stem cell research filed an appeal today in the D.C. Circuit from the district court’s decision dismissing their suit. A prior district court decision granted a preliminary injunction against HHS. But after a divided panel of the D.C. Circuit vacated the injunction on the ground that the plaintiffs were not likely to prevail, the district court (Chief Judge Lamberth) held that embryonic stem cell research is not unambiguously the sort of “research in which a human embryo or embryos are destroyed,” for which the Dickey-Wicker Amendment bars appropriations. Judge Henderson‘s dissent in the D.C. Circuit argued that her colleague’s argument involved “linguistic jujitsu,” but the district court concluded the majority’s “reasoning and conclusions” compelled a ruling for HHS on the merits.

Sherley v. Sebelius, No. 10-5287

(Hat tip: Michelle Olsen @AppellateDaily)

Update:

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2 responses to “Embryonic Stem Cell Research Foes File Appeal

  1. Pingback: Embryonic Stem Cell Research Panel Has a History with the Case « D.C. Circuit Review

  2. Pingback: Embryonic Stem Cell Research Appeal Spawns Law-of-the-Case Debate « D.C. Circuit Review

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