Federal Judge Rules Against Obama's Stem Cell Policy

Late yesterday afternoon, a federal judge issued a preliminary injunction against President Obama's embryonic stem cell funding policy.

Judge Royce Lamberth granted the injunction after finding the lawsuit would likely succeed because the guidelines violated law banning the use of federal funds to destroy human embryos.

"(Embryonic stem cell) research is clearly research in which an embryo is destroyed," Lamberth wrote in a 15-page ruling. The Obama administration could appeal his decision or try to rewrite the guidelines to comply with U.S. law.

The suit against the National Institutes of Health, backed by some Christian groups opposed to embryo research, argued the NIH policy violated U.S. law and took funds from researchers seeking to work with adult stem cells.

The U.S. Department of Justice, White House and NIH had no immediate comment.

Key to the case is the so-called Dickey-Wicker Amendment, which Congress adds to budget legislation every year. It bans the use of federal funds to destroy human embryos......

He found that the injunction would not seriously harm researchers who focus on human embryonic stem cells because it would preserve the status quo and not interfere with their ability to get private funding.

With the preliminary injunction in place, the two sides will likely present arguments and case history to the judge over whether the guidelines can be permanently blocked or be allowed to go into effect.

I'm not sure and from what I've read no one else is either what "the status quo" of funding is. I'm guessing President Bush's policy since that was the status quo for 7+ years but even Bush's policy would seem to violate how Judge Lamberth views the intent of the Dickey Amendment.

I fear that Diana DeGette's plans to overturn the Dickey Amendment will now get a serious hearing.