BRIEF: Federal Appeals Court Issues Stay that Maintains Flow of Funds for Human Stem Cell Research

An appeals court opened the door for federal funding for research on human embryonic stem cells to continue yesterday after a lower court had prohibited the government from funding such research.

A United States Appeals Court issued a stay to the earlier ruling by Royce C. Lamberth while the case moves through the court system.

The decision by Lamberth, which restricted the National Institutes of Health’s ability to fund research that involved the destruction of human embryos, has elicited disappointment from scientists in the field who by and large believe that such research holds great promise for medical breakthroughs.

But the case in question is unlikely to be won by proponents of stem-cell research. Yesterday’s stay gives legislators time to consider a law that would allow funding for such research while maintaining funding in the interim.

Proponents of the suit argue that it is immoral for the government to participate in the destruction of human embryos.

University President Drew G. Faust issued a statement earlier this week in support of Harvard’s stem cell scientists and urged Congress to take action on the matter.

“We hope that the temporary injunction will soon be lifted and that Congress will take the steps necessary to ensure that stem cell scientists can carry on their work vigorously and responsibly, in the interests of the millions of people who may someday enjoy its benefits,” Faust said.

The University filed an amicus brief in favor of a stay that argued that research would be irreperably harmed if funding was halted.

The Dickey-Wicker Amendment, the basis of Lamberth’s ruling, was passed in 1995, about two years before scientists discovered the potential medical benefits of human embryonic stem cell research. But that amendment prohibited the government from funding efforts that involved the destruction of human embryos.

This year the government provided $131 million in funding for such research. If funding is cut off, ongoing research projects may be threatened.