Appeals Court Overturns Stem Cell Research Ban
- Posted on April 29, 2011 at 11:08am by
Jonathon M. Seidl
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WASHINGTON (AP) — Opponents of taxpayer-funded stem cell research lost a key round in a federal appeals court Friday.
In a 2-1 decision, a panel of the U.S. court of appeals in Washington overturned a judge’s order that would have blocked taxpayer funding for stem cell research. The judges ruled that opponents of taxpayer-funded stem cell research are not likely to succeed in their lawsuit to stop it.
The panel reversed an opinion issued last August by U.S. District Judge Royce Lamberth, who said the research likely violates the law against federal funding of embryo destruction.
“We’re thrilled with this decision and look forward to allowing federally funded scientists to continue with their work without political constraints,” said Sean Tipton, a spokesman for the American Society for Reproductive Medicine.
Researchers hope one day to use stem cells in ways that cure spinal cord injuries, Parkinson’s disease and other ailments. Opponents say the research is a form of abortion because human embryos must be destroyed to obtain the stem cells.
The 1996 law prohibits the use of taxpayer dollars in work that harms an embryo, so private money has been used to cull batches of the cells. Those batches can reproduce in lab dishes indefinitely, and the Obama administration issued rules permitting taxpayer dollars to be used in work on them.
The lawsuit was filed by two scientists who argued that Obama’s expansion jeopardized their ability to win government funding for research using adult stem cells – ones that have already matured to create specific types of tissues – because it will mean extra competition.
Lamberth, the chief judge of the U.S. District Court in Washington, issued a preliminary injunction in August to block the research while the case continued.
The Obama administration immediately appealed and requested the order be stopped. The appeals court quickly ruled that the research could continue at the National Institutes of Health while the judges took up the case.
The opinion tossing Lamberth’s ruling was written by Judge Douglas Ginsburg, nominated to the court by President Ronald Reagan, and supported by Judge Thomas Griffith, a nominee of President George W. Bush. The dissent came from Judge Karen LeCraft Henderson, a nominee of President George H.W. Bush; she agreed with the lower court judge that the lawsuit was likely to succeed.
As a result of the appellate ruling Friday, the original lawsuit can continue before Judge Lamberth, but the taxpayer-funded research also will go on. Lamberth hasn’t thus far either held a trial or issued a final ruling, which he could do based on court filings without taking testimony.
Once the cells are culled, they can reproduce in lab dishes indefinitely. So government policies said using taxpayer dollars to work with the already-created batches of cells is allowed.
The Obama administration has expanded the number of stem cell lines created with private money that federally funded scientists could research, up from the 21 that President George W. Bush had allowed to at least 75 so far. To qualify, parents who donate the original embryo must be told of other options, such as donating to another infertile woman.
Congress twice passed legislation specifically calling for tax-funded stem cell research, which Bush vetoed.
—
Associated Press writer Pete Yost contributed to this report.
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Comments (86)
Kathy In Houston
Posted on April 29, 2011 at 2:30pmI know people get really attached to their beliefs, obviously, but come on, doesn’t Glenn tell you to educate yourselves? Google & Wikipedia may not be good research tools for some of you because, you know, they are controlled by the government (I think I heard Glenn say that), so go to your local library. Sorry, don’t mean to be snarky, but, Good Grief!
Report Post »NormanDeArmond
Posted on April 29, 2011 at 2:04pmThe free short novel about Embryonic Stem Cell Research (ESCR) is at
Report Post »http://www.heypcs.com/id508.html
NormanDeArmond
Posted on April 29, 2011 at 2:03pmFree short novel about recent current events with ESCR(embryonic Stem Cell Research)
Report Post »Kathy In Houston
Posted on April 29, 2011 at 1:00pmTEIN & BBCRANE:
Report Post »Adult stem cells are limited in that they can only regenerate cells from which they originated. Embryonic stem cells have the advantage of becoming any type of tissue in the body. Learn the difference.
TOMSERVO
Posted on April 29, 2011 at 1:11pmThanks Kathy, that’s very informative! I’m sure people here will take those new facts to heart and adjust their opinion on this issue accordingly.
Report Post »bccrane
Posted on April 29, 2011 at 3:18pmNo they have already found a way to get around this, I have to go look up the term for this, but the adult stem cells became very similar to embrionic in that they could be programmed to become whatever tissue you needed. In the bladder cases the stem cells came from skin.
Report Post »bccrane
Posted on April 29, 2011 at 3:25pmIt’s RNA induced adult stem cells.
Report Post »Kathy In Houston
Posted on April 29, 2011 at 12:48pmYay! I think some of you need to educate yourselves a little more on this subject. Invoking images of the holocaust, really? And it’s not always about money, does anybody remember Jonas Salk?
Report Post »SimpleTruths
Posted on April 29, 2011 at 1:02pmKathy – there are a lot of hopelessly lazy people here that don’t want to exert any time or energy to actually learn the facts on this or many other topics. They are lemmings that just do what they are told, believe what they are told to believe, vote against their own (and the country’s) best interest because the puppet masters have convinced them they are the real “patriots”. It’s sad and pathetic, but we will prevail because they are marginalizing themselves into a smaller and smaller minority.
Report Post »citygirl56
Posted on April 29, 2011 at 12:35pmThis whole issue is about money, there is millions involved. If they use adult stem cells they can’t be patented because it came from a living human. But if they use embryo stem cells they can patent what they do. This has the potential to net millions to whomever owns the patent.
Report Post »W@nd@
Posted on April 29, 2011 at 12:33pmhas anyone heard the hideous experiments on people
who were using baby stem cells to achieve their healing?
I remember one guy that got an injection of stem cells
this cell in his body began to grow a leg in his brain….
desparate, dangerous, and deadly, and doubly so because whenever another life was taken
(not died accidently but had no choice in their demise to be used as a life source for another human being)
to make another whole at the expense of the most defenseless among us,
you are playing God
it is the most grotesque needless procedure
Report Post »because science has found a much safer and
certainly less tainted way to grow stem cells
science pushes on to solve problems
politicians beat the same-o same-o drum over and over
they do not care that a better way has already surpassed the oldway
of using stem cells from dead babies !
So they continue on with this hideous sideshow thru the courts..
I say this ‘ whole’ avenue of stem cell experimentation is cursed and
brings with it a curse on all who participate such a heineous scheme…
you are answering to a much higher court than even those in this court system
All will find out they have oversteped their paygrade!
moriarty70
Posted on April 29, 2011 at 1:32pm@W@nd@
That is really a terrifying story, now if only it were true. Seriously, if there’s any truth to that story please point to it as the only reference I could find to it while searching was your comment.
Report Post »TOMSERVO
Posted on April 29, 2011 at 1:37pmDid you guys hear about how stem cells caused those three people to be attached like a centipede? Oh no wait…I think I’m confusing fact with fiction. Fortunately that is encouraged on this site.
Report Post »middleclassprophet
Posted on April 29, 2011 at 12:12pmIt’s about time. Best news I’ve heard all day.
Report Post »TOMSERVO
Posted on April 29, 2011 at 1:05pmI think it‘s fantastic that issues like Pres Obama’s birth certificate take up all the airtime so that actually important, real problems like this can be broken down and solved.
Oh, and don’t worry, surely they will teach our students the “God” version of how stem cell research can help cure diseases as well.
Report Post »angelcat
Posted on April 29, 2011 at 12:08pmi recently heard a lecture by an expert in stem cell research who maintained that all the real progress in stem cell research is being made only with adult stem cells, over which there is NO controversy. There are major side effects when embryo stem cells are used. But, because it is a pet project of liberals and disrespects life, embryo stem cell research is preferred by the liberals.
Report Post »TOMSERVO
Posted on April 29, 2011 at 1:43pmi recently heard a lecture by an expert in stem cell research who maintained that all the real progress in stem cell research is being made only with adult stem cells, over which there is NO controversy. There are major side effects when embryo stem cells are used. But, because it is a pet project of liberals and disrespects life, embryo stem cell research is preferred by the liberals.
Who said there’s no controversy over adult stem cells? Personally I think they are completely and totally wrong, and an abomination of God’s plan. NO ONE should be playing with people’s cells to make others better, period. Obviously, spreading the cells around is scientific socialism.
Report Post »Rob
Posted on April 29, 2011 at 12:04pmBetter then just throwing them away…
Report Post »bccrane
Posted on April 29, 2011 at 12:13pmAt what point can the owners of those embryos demand compensation? How much will you be willing to pay the parents for a cure? What if the parents are financially strapped and this could be a source of income to get them by would you allow it?
WebDumpGarbage
Posted on April 29, 2011 at 11:53amNo tax money to Planned Genocide & Human Destruction.
Education without values, as useful as it is, seems rather to make man a more clever devil (C.S. Lewis)
Report Post »momprayn
Posted on April 29, 2011 at 11:49amAgree with those that think this is yet another outrageous thing done re pushing the liberal agenda & the growing disrespect for human life. I think there’s been around 50 million babies killed since Roe v. Wade. And no, you don’t need to do this and even if you had proof that it did, it‘s not right to force all taxpayers who think it’s immoral to pay for it….how about our “choice” in that pro-choice libs? It’s always totally one sided….. “A divided federal appeals court” — yep, that pretty much describes our nation —- divided. Seems like I remember a truism like “united we stand, divided we fall”? May I add it depends on what you stand/divided about that counts.
Report Post »D0ntTread0nMe
Posted on April 29, 2011 at 11:43amTaxpayers money goiong to ANYTHING else is a problem for me.. I want to sure diseases and make our babies healthier but why can’t the free market handle it…
Report Post »http://www.mythoughtsfromthemiddle.blogspot.com
MJaneO
Posted on April 29, 2011 at 11:40amWHY-WHY-WHY Adult Stem Cells work better!
Report Post »BiteMePETA
Posted on April 29, 2011 at 11:35amWhat kind of fool would come up with the response of “yeah, science!”?
you’d have to be totally devoid of what the issues are… or have an iq of about 60.
Report Post »Chet Hempstead
Posted on May 1, 2011 at 3:59pmYay, science! Boo, irrational fanaticism that prevents science form making use of embryos that have already been created and are going to be destroyed anyway!
Report Post »the zipper
Posted on April 29, 2011 at 11:34amTo date nothing has been cured with embryo ‘T’ cells. In fact there are many in the medical community that worry about the longterm potential side effects. Science should be putting resources toward adapting an individual‘s own ’T’ cells since there is no rejection issue. Why go down the rathole of embryonic research when it could prove unnecessary??????????????????
Report Post »TEIN
Posted on April 29, 2011 at 11:32amThis is pathetic!! Now you will have every ill conceived University begging for grants to do embryonic stem cells research….It is unnecessary since skin cells can be used to accomplish the same thing!! I do not want my taxpaying dollars to go to this type of science..let private donations from interested people pay for it, but not my money!!!
Report Post »alr79
Posted on April 29, 2011 at 11:30amReally? This is just crazy. Stop the fed funding on all the crap like this.
Report Post »GEW
Posted on April 29, 2011 at 11:35amagree let the private sector pay for it. The way is clear now, make them invest in it.
Report Post »SimpleTruths
Posted on April 29, 2011 at 12:54pmThe cost of one day in Afghanistan pays for 1 year of this research – which is more valuable?
Report Post »trooper
Posted on April 29, 2011 at 11:29amYup, it has started, what we will see in the next year are the overturning of the most moronic bans on everything from stem cell research to drilling for oil in our own vast oil reserves and guess what? Obama will take the credit in order to secure his next election, stupid is as stupid allows!
Report Post »conversationcanwork
Posted on April 29, 2011 at 11:25amYes, this is a very good development.
Report Post »GEW
Posted on April 29, 2011 at 11:32amso why not let the private market do the research. Why the tax payers money?
Report Post »conversationcanwork
Posted on April 29, 2011 at 11:40amIf private corporations do the research then as soon as they have viable treatments they will probably make it way more expensive than it has any right to be and the middle and lower class that might need it won’t be able to afford it.
Report Post »GEW
Posted on April 29, 2011 at 11:48amits going to cost you an arm and a leg IF THE GOVERNMENT pays for it. And it will be rationed anyways, especially under the Obamacare.
Leave it to the private sector.
Report Post »conversationcanwork
Posted on April 29, 2011 at 12:07pmIs that medical coverage is so affordable? I dont trust private insurace companies farther than I can throw them.
Report Post »bccrane
Posted on April 29, 2011 at 12:07pmFunny, adult stem cells are being used in cures and you find it is not the rich who are being treated.
Report Post »Here is another liberal question, embryos are being thrown away anyways why not use them? Well these embryos are property of the parents who make the decision, is it then the right of the parents to say they want compensation for the use of their embryos? Or say women start producing embryos for sale will there be laws prohibiting them the right of compensation of their own property? This could become very expensive as in how much are you willing to pay for a cure? Adult stem cells are you own and amazingly you do not need expensive anti-rejection drugs and treatments to use your own cells.
Vickie Dhaene
Posted on April 29, 2011 at 11:22amAre we on our way to creating a real AI. Spooky dude and Brave New World.
Report Post »fixer
Posted on April 29, 2011 at 12:14pmya think?
Report Post »GEW
Posted on April 29, 2011 at 11:16am“…and the Obama administration issued rules permitting taxpayer dollars to be used in work on them.”
Report Post »Well now he can do all this with the blessing of the Courts. I love the issuing of rules…permitting taxpayers dollars to be used. Vonderful.
beckisnuts
Posted on April 29, 2011 at 11:14amExcellent! Now let’s get busy curing diseases.
Report Post »NSDQ
Posted on April 29, 2011 at 11:42amLiberalism should be the first disease to go
Report Post »MonteCristo
Posted on April 29, 2011 at 11:47amI say start with Liberal Troll Disease. It’s just sad to see someone so obsessed with Glenn, that they troll his comment section in an effort to get close to him.
Report Post »Gonzo
Posted on April 29, 2011 at 11:47amNot sure there is a cure for what ales you beckisnuts.
Report Post »Dale
Posted on April 29, 2011 at 11:54amNSDQ;
“Liberalism should be the first disease to go”
Report Post »—————————–
Unfortunately, not cured with stem cells or stem cell research. It is only cured when one researches results and then examines the cause. “Question boldly!”
bccrane
Posted on April 29, 2011 at 11:57amWe are already curing diseases using stem cells, adult stem cells. Private industry has already surpassed anything embrionic could produce.
Report Post »beckisnuts
Posted on April 29, 2011 at 12:59pmLOLOL! Here they come, all lining up to take their little cheap potshots. When you Becklers are laying down for your naps this afternoon with your faces still sticky from your lunchtime PBJ’s, remember one thing: there are children suffering with cancer that may benefit from this ruling. There’s no longer any reason to let religion get in the way of scientific progress and this ruling is a huge positive development. Face it.
Report Post »Dale
Posted on April 29, 2011 at 1:37pmbeckisnuts;
Thanks for your morning’s schedule, but really more information than we needed.
Report Post »bccrane
Posted on April 29, 2011 at 2:48pm@Beckisnuts
Report Post »Actually using embrionic stem cells might cause cancer there is no off switch. Embryos are meant to keep growing into a human. Embryos are a genetic match to no one and the use of them will require anti-rejection drugs and continued therapy. Adult stem cells have already cured people with bladder cancer, but only that they were able to grow a replacement after the original cancerous bladder was removed, same with cancer of the esophogus, adult stem cells have been used for burn patients by amazingly enough spray painting them on the damaged area. As for embrionic stem cells curing cancer, I don’t even think that is possible.
bccrane
Posted on April 29, 2011 at 2:59pmAnd as for religion, if to you morality = religion or religion = morality, I will side with religion on this.
Report Post »Further down the comments I posed several morality questions as to who actually owns the embryos and should they be allowed to be compensated and then who will decide how much.
beckisnuts
Posted on April 29, 2011 at 4:39pmScience obviously wants to use the stem cells in question in its work, so until they say otherwise, religion needs to keep its superstitious fingers out of it. End of story.
Dale, be a good lad and stay way from the crayon sharpener. Off you go.
Report Post »bccrane
Posted on April 29, 2011 at 7:13pmThe only science that wants to continue using embryonic stem cells are the ones who are already heavily invested in them. With federal backing they can beat the competition into patenting cures and make a fortune with government help.
Report Post »beckisnuts
Posted on April 29, 2011 at 9:47pmBCCRane, interesting comments. Worth a deeper look.
Report Post »teachermitch32
Posted on April 30, 2011 at 12:27amSo Beckisnuts, you admit that you made comments, disparaging at that, without first doing some light research? Next time try the research first, then comment only if you have something positive to add.
Report Post »LARR
Posted on April 29, 2011 at 11:13amComing soon – sell your unwanted children to the guvment for organ harvesting/exprimentation.
CTRC – USN (Ret)
Report Post »GEW
Posted on April 29, 2011 at 11:18amdon’t they already harvest organs from people. Hasn’t it been said that in some of those mass graves in Mexico that organ parts are missing. Just wondering out loud.
Report Post »SeasonOfReason
Posted on April 29, 2011 at 11:13amYay, science!
Report Post »Creestof
Posted on April 29, 2011 at 11:21amYep…and now for something off topic…
HEY BECK!….STOP MILKING OUT THE DAMN DRAMA AND JUST TELL US WHAT YOU ARE GOING TO BE DOING IN THIS NEW DIRECTION YOU’VE BEEN CALLED IN.
SHEESH…JUST SPIT IT OUT ALREADY!!!!!
Report Post »LAM2
Posted on April 29, 2011 at 11:21amDecades of privately funded embryonic stem cell research (science) have yielded no cures or theapies (but have really successful growing tumors), whereas adult stem cells and stem cells derived from embryonic cord blood are being used successfully in various theapies today.
Make no mistake. This is about money and the commoditization/devaluation of human life.
Report Post »Ironmaan
Posted on April 29, 2011 at 11:31am–Season
Report Post »I guess your not exactly a fiscal conservative. What other unnecessary expenditures of your money by government do you celebrate? The free market is more than capable doing research without my money. You are either a llberal or just plain stupid.
http://guerillatics.com
NOBALONEY
Posted on April 29, 2011 at 11:35am@LAM2 Your 100% correct!
Report Post »MonteCristo
Posted on April 29, 2011 at 11:45am@Ironmaan, you said “You are either a llberal or just plain stupid”
Apparently it seems you work for the department of redundancy department.
Report Post »SeasonOfReason
Posted on April 29, 2011 at 11:50amI believe there are things worth spending our money on, science being one.
Report Post »BIGJAYINPA
Posted on April 29, 2011 at 12:03pmFollow the money. When the only one willing to invest is the Federal Government then that usually means the idea is a failure. Private money follows success, Government money is usually invested by idiots in failures.
Report Post »NOBALONEY
Posted on April 29, 2011 at 12:05pmHarvesting of embryos is not science!
Report Post »HillBillySam1
Posted on April 29, 2011 at 12:19pm@SEASON
Report Post »“Yay, science!”……pehaps the very same motto that those German doctors used when they made their “selections” as the trains rolled to a stop at Auscwhitz……”Dr.“ Menkele especially delighted in performing ”scientific research” on twins……oh well, all things are indeed disposable in the name of “science”……just look at all of the wonderful discoveries and advances that were made from the years of sacrifices by the human participants in those camps……”Yay, science!” indeed…..The Japanese scientist and doctors even gave the participants from their research group in Manchuria a name….they called them “logs”……Yay, science!
SeasonOfReason
Posted on April 29, 2011 at 12:32pmAh, Godwin’s Law. Got to love it.
Report Post »NOBALONEY
Posted on April 29, 2011 at 12:45pmMike Goodwin’s 1990 law is stupid! Stick To The Subject.
Report Post »Non-sequitur
Posted on April 29, 2011 at 1:16pmYes, let’s stay on topic.
Poe’s law is pretty awesome.
Report Post »SeasonOfReason
Posted on April 29, 2011 at 3:40pmNot a liberal but I do believe that the state has a role in our society. Under our current system, the citizens pay taxes and our elected representatives decide how to use “our” money. Since you assumed I am a liberal can I assume you are an anarchist?
Report Post »HillBillySam1
Posted on April 29, 2011 at 4:18pmOf course the state has a role in society……the question is whether the society has control of the state or if the state has control of the society……Progressives prefer the latter…..
Report Post »abc
Posted on April 29, 2011 at 6:12pmReason over irrationality. Knowledge over ignorance. Hopefully, this isn’t overturned by Roberts, Scalia, et. al.
For those that say that government investment leads to failure have no idea what they speak about. The government is the only one that can do basic research, since private enterprise will not fund it. This is why the transistor, the internet, the atomic bomb and countless other key technological advancements came out of government funding. Those that are BLINDED by anti-government rhetoric ought to acquaint themselves with pesky things called facts, especially the historical ones that prove that this is the proper place for government.
And to those who equate all genetic research with the work of Nazi’s, the connection is nutty. The Nazi’s also led the work on jet airplanes, rockets and submarines, so that military hardware must be tainted as well. I really never understand the logic of this, and I suspect that the conservatives who make these points are the first to line up for the cancer and Alzheimer cures that this genetic research yields…
Report Post »HillBillySam1
Posted on April 30, 2011 at 12:21am@ABC
Report Post »The Americans and British worked to develope jet engines, submarines, and atomic energy…..The Nazis and Japanese had very little regard for human life when it came to certain scientific studies…..studies that were not necessary…….embryonic stem cell research is not necessary due to advances in stem cell research which derive the stem cells from the skin……I have no problem with the government subsidizing research to improve the life of it’s citizens but you use the old Progressive argument that Conservatives hate science…..this is untrue…..would it be fair to claim that Progressives love death and the degradation of innocent human life? Of course not…..but scientific research must be done with ethics and morality…..or you are just like the Nazis and Japanese during WWII…….or you are just another fool like Ronald Reagan Jr. when he crowed about all of the “miracle cures” that embryonic stem cell research was on the brink of delivering when he spoke at the 2000 Democratic National Convention…..where are those cures??
Long Form in Ya FACE
Posted on April 30, 2011 at 3:22amThese people don’t like science.
You’re talking to a group of people who want their kids to go to school and be taught to think objectively and not be indoctrinated but they would be horrified if their kid started to “think objectively” about being indoctrinated into christianity.
They’re moronic hypocrites. Science is the devil to them. You didn’t get but a couple comments in before on of these Einsteins compared science to Nazi Germany, their go-to baddie.
You can’t believe that Jesus was a magic zombie AND consider yourself an objective thinker. Actually, I’m wrong. Most of you do just that.
Report Post »