Appeals court stays stem cell injunction

The U.S. Court of Appeals for the District of Columbia Circuit granted an administrative stay of a district court's ruling that prohibits federal funding of human embryonic stem cell (hESC) research, pending further order. The court said the stay will allow time to consider a motion for an emergency stay of Judge Royce Lamberth's preliminary injunction. Defendants HHS and NIH requested the stay in the appeals court after Lamberth denied a similar motion this week in the U.S. District Court for the District of Columbia. The appellees have until Sept. 14 to respond to the emergency motion, after which the agencies will have until Sept. 20 to reply.

In an email to NIH staff, NIH Deputy Director for Intramural Research Michael Gottesman said researchers may resume intramural studies on hESCs, but urged "prudence" in doing so, as the permanent stay could be denied as early as Sept. 20. ...