Vol. 74/No. 35      September 20, 2010

In their original filing to block government funds, antiabortion doctors James Sherley and Theresa Deisher were joined not only by two antiabortion groups; they also sought to include human embryos as plaintiffs in the case.

In some stem cell research, cells are removed from fertilized ova (human eggs), destroying the embryo in the process. The embryos are from fertility clinics where they are no longer needed for in vitro fertilization. The embryos at this early stage are smaller than the period at the end of this sentence. Judge Royce Lamberth dismissed the case in October 2009, saying that those bringing the suit “lack[ed] standing.”

In June this year an appeals court overturned the dismissal and ordered Lamberth to hear the case, but with Sherley and Deisher as the only plaintiffs.

After a new hearing, Lamberth ruled that government guidelines changed by the Barack Obama administration violate a law passed by Congress and “threaten the very livelihood” of Sherley and Deisher, who depend on government funding for their research using stem cells extracted from human tissue, not embryos.

Many scientific experiments show that stem cells could open advances for treating currently incurable diseases such as diabetes, Alzheimer’s, Parkinson’s, spinal injuries, and some types of blindness. In spite of this, in 1996 U.S. Congress passed the Dickey-Wicker Amendment, which prohibited the use of federal funds for “the creation of a human embryo” for research purposes or research in which human “embryos are destroyed, discarded, or knowingly subjected to risk of injury or death.”

The William Clinton administration interpreted the law as allowing government-funded research on embryonic stem cells that were created using only private funds. President George W. Bush imposed tighter restrictions, but still allowed government funds to be used for researching stem cells extracted before his Aug. 9, 2001, policy statement.

After taking office, Obama loosened the restrictions, allowing greater use of stem cells from embryos discarded from fertility clinics. Sherley and Deisher filed their suit after the National Institutes of Health issued new guidelines implementing Obama’s executive order.

Proponents of using stem cells from embryos argue that these cells are more versatile than stem cells that are grown from other sources, such as skin tissue or bone marrow. In 2009 the government allocated $143 million on more than 330 scientific projects that use human embryonic stem cells. Many of those programs are now in jeopardy.

The opponents of these programs claim that non-embryonic stem cells are as good or better for developing new ways to treat disease. But in their statements they make clear they are suing to promote their belief that human life begins with conception and that embryonic stem cell research is immoral.

Ron Stoddart, executive director of Nightlight Christian Adoptions, one of the original plaintiffs who were removed from the suit, told the New York Times, “Embryos are preborn human life that should be protected and not destroyed.” The group’s Web site features a page promoting “frozen embryo adoption” to help “frozen embryos realize their ultimate purpose—life.”

Deisher works in Seattle for AVM Biotechnology, which says it is “dedicated to the discovery, development, and commercialization of safe, effective, and affordable pro-life therapeutics.” Sherley works at Boston Biomedical Research Institute, which gets more than 75 percent of its funding from federal grants.

Judge Lamberth ruled that harm to people who have diseases that embryonic stem cell research could aid, by closing the door to government funding, “is speculative,” but the harm to Sherley and Deisher, from the “increased competition for limited funds is an actual, imminent injury.”

The Justice Department has said it will appeal the injunction, but the White House has yet to issue a public statement on the ruling.
 
 
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