Federal Judge Blocks Federal Funding of Embryonic Stem Cell Research

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by George Whitten, Worthy News Jerusalem Bureau Chief

WASHINGTON, D.C. (Worthy News)– A U.S. Federal court issued a temporary injunction on Monday that blocks the government from funding medical research involving human embryonic stem cells saying it violates federal law.

U.S. District Court Judge Royce Lamberth rejected the Obama administration’s argument that embryonic stem cell research itself did not result in the destruction of embryos and issued the temporary injunction saying, “If one step or ‘piece of research’ of an [embryonic stem cell] research project results in the destruction of an embryo, the entire project is precluded from receiving federal funding by the Dickey-Wicker Amendment.”

DICKEY-WICKER AMENDMENT

At the heart of the legal battle is a law known as the Dickey-Wicker Amendment passed by Congress in 1995 and then signed by former President Bill Clinton, which prohibits federal funds for embryo research in which a human embryo “are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research under applicable Federal regulations.”

JUDGES DECISION

“As demonstrated by the plain language of the statute, the unambiguous intent of Congress is to prohibit the expenditure of federal funds on research in which a human embryo or embryos are destroyed,” the judge wrote.

Having concluded that the law is unambiguous, “the question before the court is whether ESC [embryonic stem cell] research is research in which a human embryo is destroyed. The court concludes that it is,” Lamberth added.

The judge’s decision does not restrict private funding for embryonic stem cell research.

DECISION WELCOMED BY PRO-LIFE SUPPORTERS

“The American people should not be forced to pay for experiments — prohibited by federal law — that destroy human life. The court is simply enforcing an existing law passed by Congress that prevents Americans from paying another penny for needless research on human embryos,” said Alliance Defense Fund Senior Legal Counsel Steven H. Aden which co-counseled in the lawsuit.

“No one should be allowed to decide that an innocent life is worthless. Experimentation on embryonic stem cells isn’t even necessary because adult stem cell research has been enormously successful. In economic times like we are in now, it doesn’t make sense for the federal government to use precious taxpayer dollars for this illegal and unethical purpose.”

ADVOCATES OF EMBRYONIC STEM CELL RESEARCH DISAPPOINTED

Sean Tipton, a spokesman for the American Society for Reproductive Medicine told AP, “This injunction blocks important research on how to unlock the enormous potential of human embryonic stem cells.” He further added, “It will be incredibly disruptive and once again drive the best scientific minds into work less likely to yield treatments for conditions from diabetes to spinal cord injury.”

PRESIDENTIAL EXECUTIVE ORDER RESCINDED

In 2001, President George W. Bush banned federal funding of new embryonic stem cell (ESC) research citing, “moral concerns” raised by the new frontier of human embryonic stem cell research. However, Bush authorized for the first time federal funds for ESC research on existing embryonic stem cell lines in which “the life and death decision has already been made.”

However, President Obama rescinded the policy by executive order in March 2009, saying federal agencies “may support and conduct responsible, scientifically worthy human stem cell research, including human embryonic stem research, to the extent permitted by law.”

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