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12 December 2013 1:00 pm ,
Vol. 342 ,
The iconic 125-year-old Lick Observatory on Mount Hamilton near San Jose, California, is facing the threat of closure...
Recent results from the Curiosity Mars rover have helped scientists formulate a plan for the next phase of its mission...
A new, remarkably powerful drug that cripples the hepatitis C virus (HCV) came to market last week, but it sells for $...
In pretoothbrush populations, gumlines would often be marred by a thick, visible crust of calcium phosphate, food...
Evolutionary biologists have long studied how the Mexican tetra, a drab fish that lives in rivers and creeks but has...
Victorian astronomers spent countless hours laboriously charting the positions of stars in the sky. Such sky mapping,...
In an ambitious project to study 1000 years of sickness and health, researchers are excavating the graveyard of the now...
Stefan Behnisch has won awards for designing science labs and other buildings that are smart, sustainable, and...
- 12 December 2013 1:00 pm , Vol. 342 , #6164
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Dates, Judges Set in Appeal of Stem Cell Suit
9 December 2011 3:56 pm
A law suit threatening to block government-funded research on human embryonic stem cells (hESCs) is moving forward in a federal appeals court. And the makeup of the three-judge panel assigned to the case suggests that a win by the National Institutes of Health (NIH) is less certain than some observers had hoped.
Sherley v. Sebelius was filed in 2009 by two researchers who claim that NIH guidelines easing restrictions on hESC research are illegal. In August 2010, a district court judge agreed and briefly blocked NIH funding for hESC research. The U.S. Court of Appeals for the D.C. Circuit later overturned that preliminary injunction, and the district court dismissed the case in July. The plaintiffs are now appealing.
Briefs are due between January and mid-March and oral argument has been set for 23 April at 9:30 a.m. One of the three judges, Karen LeCraft Henderson, appointed by George H. W. Bush, was the dissenter on a 2-1 opinion in April that favored NIH. The two others are also conservatives—Chief Judge David Sentelle, appointed by Ronald Reagan; and Janice Rogers Brown, appointed by George W. Bush.
"It's a very difficult draw for us," says Tony Mazzaschi of the Association of American Medical Colleges in Washington, D.C., which supports NIH's position. He expects that the court could rule in fall 2012.