Judge dismisses challenge to stem cell funding

Researchers, patient groups laud decision

July 28, 2011|By Carolyn Y. Johnson, Globe Staff

A lawsuit filed to stop federal funding for human embryonic stem cell research has been dismissed by a judge after it created months of uncertainty for scientists in Boston and beyond.

The decision ends the limbo that began last year, when the challenge to President Obama’s stem cell policy resulted in a legal zig-zag that included a temporary halt to funding for research, which was later reversed.

“It was never for me a cloudy or contentious issue; this was a politically motivated lawsuit,’’ said Douglas Melton, codirector of the Harvard Stem Cell Institute. “I would say I’m relieved - the feeling I have on the news you are giving me is this removes a last question mark … about the freedom to do this sort of research.’’

The White House and the director of the National Institutes of Health lauded the decision.

“We are pleased with today’s ruling,’’ said Dr. Francis S. Collins, NIH director, in a statement. “Responsible stem cell research has the potential to develop new treatments and ultimately save lives. This ruling will help ensure this groundbreaking research can continue to move forward.’’

When Obama lifted restrictions on federal funding for embryonic stem cell research through an executive order, many scientists and patient groups hailed it as the beginning of a new era for science and medicine. Stem cell research is a promising area of biomedical research that scientists and patients hope will be the basis for the development of treatments for human ailments ranging from juvenile diabetes to spinal cord injury. Opponents of the research, however, criticized the decision, saying it is unethical because it requires the destruction of human embryos.

Then, last August, Judge Royce Lamberth, a district court judge in Washington, D.C., granted a preliminary injunction halting funding for embryonic stem cell research.

That ruling was put on hold and eventually reversed by a higher court. As the lawsuit moved forward, the evolving legal landscape kept scientists on their toes as they tried to ensure their laboratories complied with changing guidelines. The NIH had to make complicated decisions about how to fund future research as court decisions ping-ponged back and forth.

In a 38-page memorandum of opinion issued yesterday, Lamberth dismissed the case, stating that he is bound by a conclusion reached by the higher court.

“The question of whether embryonic stem cell research should be funded at all was not a question left on the table for the NIH by President Obama’s order,’’ Lamberth wrote. “Indeed, had the NIH adopted plaintiffs’ views and refused to consider funding any embryonic stem cell research projects, its regulation would have been inconsistent with the Executive Order and unlawful.’’

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