The documents are all in for an appeal of a preliminary injunction on August 23 briefly stopped research on stem cells from government. In a 35 page memory response filed yesterday with the Court of Appeals for DC Circuit US government lawyers still argue that once the decision of the judge of the US District Court Royce Lamberth was founded in wrong on the conclusion that the National Institutes of Health (NIH) guidelines for hESC research violate a law prohibiting research funded by the federal government that undermines the embryo.
NIH has interpreted the law to allow research on hESCs, the government argues. The memory also refutes the argument by two researchers who filed the complaint that the guidelines make it harder for them to win grants for research on adult stem cells. Theresa Deisher never received an NIH grant, brief notes, and four recent grant applications from James Sherley does not pass the first stage of the peer review and, therefore, were never in competition with grant proposals hESCs.
The Court of Appeal has set December 6 for oral arguments. But Lamberth could decide earlier on the underlying case.
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