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Posted by: biochem belle
Posted on: Wed, Sep 29, 2010, 9:22 am CDT

Actually as I understand it, it's actually just a longer stay of the injuction until Lamberth makes a ruling on the case-which could be within a month.
Posted by: Brian Krueger, PhD
Posted on: Wed, Sep 29, 2010, 8:32 am CDT

We can resume funding again until these douches appeal again...

http://news.sciencemag.org/scienceinsider/2010/09/stem-cell-injunction.html?rss=1
Posted by: Brian Krueger, PhD
Posted on: Tue, Sep 28, 2010, 7:43 am CDT

It's really stupid that they're making this an ethical debate when the spirit of the argument is not ethics :P
Posted by: biochem belle
Posted on: Tue, Sep 28, 2010, 5:16 am CDT

The appeals hearings (regarding the preliminary injunction) started yesterday. For a run down, check out these posts from MIT's The Tech and The Great Beyond. Although it seems all judges grilled both sides, it comes as no surprise that the 2 (W) Bush appointees came down hard on the government (defense) and the Clinton appointee went after the plaintiffs.
Posted by: biochem belle
Posted on: Wed, Sep 22, 2010, 7:48 pm CDT

There's an update on the proceedings on the Stanford Center for Law and Biosciences blog. The next hearing is scheduled for Monday.
Posted by: Genomic Repairman
Posted on: Mon, Sep 13, 2010, 2:03 pm CDT

Just to update CNN put an opinion piece up by Leonard Zon. Its really good, also if you want to see the public debate take forth, scroll down and look at some of the comments.
Posted by: biochem belle
Posted on: Thu, Sep 09, 2010, 2:05 pm CDT

The Great Beyond has a brief post up. Plaintiffs have until Sept. 14 to respond, then DoJ has until Sept. 20, and I think we can expect the court to rule soon after. Basically this lets things proceed the way they were before the injuction for most of Sept.--maybe longer if the court sides with DoJ.
Posted by: Genomic Repairman
Posted on: Thu, Sep 09, 2010, 1:50 pm CDT

Thanks for the updates. Was there any timeline put forth by the appellate court?
Posted by: biochem belle
Posted on: Thu, Sep 09, 2010, 12:11 pm CDT

The injunction is temporarily stayed while the appeals court decides how to proceed.
Posted by: biochem belle
Posted on: Tue, Sep 07, 2010, 4:43 pm CDT

Judge Lamberth has has denied DoJ's request to lift the ESC injunction. Looks like DoJ's already planning an appeal. But plaintiffs in the case are filing to request a summary motion-i.e. no trial, just judge deciding the case-and given the preliminary injunction, there's little doubt (in my mind, at least) which way that would go.
Posted by: biochem belle
Posted on: Sun, Sep 05, 2010, 9:04 am CDT

Genomic Repairman said: I think hESC research should go forward and that really what is limiting it is just a fundamental lack of public education on the issue. And the blame for that rests not on our shoulders but also patient advocacy groups need to get in the fight as well.

Regardless of the amount of public education on the subjection, there is a small segment of the population that will always be opposed to hESC work on moral and/or theological grounds. Though small, this segment has a loud voice. Zealots for a cause will always be heard-maybe not heeded but heard enough to create political controversy.

However, I do think that much of the population opposing hESC work simply don't understand it. They don't understand how the cells are derived, from what sources, or the difference between adult, iPS, cord blood, and embryonic stem cells. Some of the responsibility lies with scientists to clarify, in lay terms, the importance and potential of hESC research and why it's needed in addition and not as a replacement to other stem cell research. You're right that patient advocacy groups should get involved, as well. Public education on this issue will require a multifaceted approach.
Posted by: biochem belle
Posted on: Sun, Sep 05, 2010, 8:54 am CDT

A few recent developments on this issue:
- On Tues., Aug. 31, the US Dept. of Justice appealed Judge Lamberth's ruling.
- Friday, the plaintiffs filed their reply to DoJ's motion.
- DoJ has requested Lamberth rule by Tues., Sept. 7. If not, they plan to go to the appeals court on Sept. 8.
- Rep. Diane DeGette wants to reintroduce an embryonic stem cell bill that would serve to keep in place the new guidelines approved under the current adminstration.
Posted by: Genomic Repairman
Posted on: Sat, Sep 04, 2010, 9:13 pm CDT

I think hESC research should go forward and that really what is limiting it is just a fundamental lack of public education on the issue. And the blame for that rests not on our shoulders but also patient advocacy groups need to get in the fight as well.
Posted by: biochem belle
Posted on: Sat, Sep 04, 2010, 9:03 pm CDT

GR, you're quite right. I actually recall hearing about the decision to give Sherley standing in the case a few months ago and thought, "Great, so if I'm not happy about how much funding I'm getting, I can file a suit for unfair competition?" It sets a dangerous precedent from the funding standpoint.

It also reminds me of an interesting point. Lamberth (the presiding judge) originally dismissed the case because none of the plaintiffs had standing. It was the appellate who overturned the decision on Sherley and Deisher, allowing the case to be heard.
Posted by: Genomic Repairman
Posted on: Sat, Sep 04, 2010, 8:10 pm CDT

This goes way beyond hESC work, it can affect all work. Lets say you are studying butt touching and be funded by NIH grants to do the work. Now a few years from now the NIH says, butt touching is old news, lets focus on something more sexier like ball fondling. But wait, I'm a butt toucher not a ball fondler? Fear not, butt toucher, you can just file a lawsuit against the government based upon them placing undue competition on you. This flies in the face of the NIH's directive of funding the best and most relevant science, which goes through a rigorous review process as most would agree and placing it in the hands of a judge. If I saw James Sherley out on the street, I'd definitely punch him in the dick and I don't even work on or give a flying fuck about hESCs!
Posted by: biochem belle
Posted on: Wed, Sep 29, 2010, 9:22 am CDT

On Aug. 23, 2010, a federal district court judge issued a preliminary injunction that halts at least some federally funded human embryonic stem cell (hESC) work. There's been quite a bit of debate about what the injuction actually orders: Does it just roll back the Obama administration's expansion of hESC research? Or does it apply to all hESC work? Does it apply to funds already dispersed?

The NIH has taken the stance that the ruling applies to all previously approved hESC lines. For extramural research using hESCs, funds already dispersed can be used as intended, but new grants and annual renewals will not be reviewed. The NIH ordered an immediate shutdown of all intramural research involving hESCs.

As I mentioned in my intro, I have no legal background at all. However, there's an excellent post at the Stanford Center for Law and Biosciences Blog about the ruling and some background on the case.
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