WASHINGTON – A federal judge Monday blocked the Obama administration from funding human embryonic stem-cell research, ruling that the support violates a federal law barring the use of taxpayer money for experiments that destroy human embryos.
U.S. District Judge Royce Lamberth issued a preliminary injunction that prohibits the National Institutes of Health from funding the research under the administrations new guidelines, citing a lower courts ruling that the researchers who had challenged the less-restrictive policy have the legal standing to pursue their lawsuit.
The decision, a setback for one of the administrations most high-profile scientific policies, was praised by opponents of the research.
We are encouraged that the court has recognized the seriousness of the ethics and the funding of embryonic stem-cell research, said David Prentice, senior fellow for life sciences at the Family Research Council.
The ruling stunned scientists and other advocates of the research, which has been hailed as one of the most important advances in medicine in decades because of its potential to cure many diseases but has been embroiled in controversy because the cells are obtained by destroying days-old embryos.
This is devastating, absolutely devastating, said Amy Comstock Rick, immediate past president of the Coalition for the Advancement of Medical Research, a group of patient organizations that has been lobbying for more federal funding.
Every day we lose is another day lost for patients waiting for cures, Rick said.
Tracy Schmaler, a Justice Department spokeswoman, did not discuss how the administration intends to respond to the ruling, saying only that were reviewing the decision.
The NIH had no immediate comment.
Steven Aden, a lawyer with the Alliance Defense Fund who sued, said the court will need to clarify whether the injunction affects work using money already issued to researchers under the administrations new guidelines or blocks additional funding.
In his decision, Lamberth cited unambiguous legislation by Congress in 1996, called the Dickey-Wicker Amendment, which prohibits federal funding for research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero.
On Aug. 9, 2001, President George W. Bush limited federal funding to 21 colonies of existing human embryonic stem cells to prevent taxpayer money from funding the destruction of more embryos to obtain additional cells. Soon after taking office, President Obama announced that he was lifting his predecessors restrictions and ordered the NIH to develop new guidelines addressing the ethical issues involved.
Last summer, the NIH issued detailed guidelines and began authorizing new colonies of cells eligible for funding. Seventy-five colonies have been approved so far.