Appeals Court Says Stem Cell Funding Can Continue

An appeals court today decided to allow federal funding for human embryonic stem cell research to continue while the court considers legal arguments that halted hESC research last month. “Appellants have satisfied the standards required for a stay pending appeal,” reads an order issued by a three-judge panel of the U.S. Appeals Court for the D.C. Circuit. The same panel heard oral arguments in the case yesterday.

The stay replaces a temporary pause that had been in place the past 19 days. It will allow National Institutes of Health funding for hESC research to continue while the same court considers the government’s appeal of U.S. District Judge Royce Lamberth’s 23 August preliminary injunction ruling that hESC research is likely illegal. The order also states that the case will be expedited.

In the meantime, Lamberth’s court is moving ahead with the underlying case and could rule next month, potentially shutting down hESC research again until the next appeal.

The text of the appeals court's order follows.

O R D E R

Upon consideration of the government’s emergency motion to stay preliminary injunction pending appeal and for immediate administrative stay, the opposition thereto, the reply, and the argument by counsel, it is

ORDERED that the administrative stay entered September 9, 2010, be dissolved.
It is

FURTHER ORDERED that the motion for stay pending appeal of the preliminary injunction entered on August 23, 2010, be granted. Appellants have satisfied the standards required for a stay pending appeal. See Metro. Area Transit Comm’n v. Holiday Tours, Inc., 559 F.2d 841, 843 (D.C. Cir. 1977); D.C. Circuit Handbook of Practice and Internal Procedures 32-33 (2010). It is

FURTHER ORDERED, on the court’s own motion, that consideration of this appeal be expedited. The parties will be notified by separate order of the briefing schedule and oral argument date.