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Stem Cell Injunction Stayed by US Court of Appeals

** Updated 9/13** In response to the previously reported stay of the stem cell research injunction, the NIH has announced that it is resuming normal grant activities until directed otherwise:

NIH STATEMENT REGARDING STAY OF STEM CELL INJUNCTION

We are pleased with the Court’s interim ruling, which will allow promising stem cell research to continue while we present further arguments to the Court in the weeks to come. With the temporary stay in place, NIH has resumed intramural research and will continue its consideration of grants that were frozen by the preliminary injunction on August 23. The suspension of all grants, contracts, and applications that involve the use of human embryonic stem cells has been temporarily lifted. Human embryonic stem cell research holds the potential for generating profound new insights into disease, cell-based therapeutics, and novel methods of screening for new drugs.

 Original 9/9 Post

Last night, the Department of Justice (DoJ) filed an emergency motion to stay the preliminary injunction barring federal funding of human embryonic stem cell (hESC) research by the National Institutes of Health (NIH). Today, the US Court of Appeals for the D.C. Circuit stayed the preliminary injunction pending briefing on the DOJ emergency motion. The plaintiffs have been given until September 14 to respond to the DOJ motion, and DOJ has until September 20 to respond back.

During the stay period, NIH can resume both its intramural hESC research and its normal extramural application and grant processes.
 
The text of the court order follows:

09/09/2010    CLERK’S ORDER filed [1264809] ORDERED that the district court’s August 23, 2010 order be stayed pending further order of the court. FURTHER ORDERED that appellees file a response to the emergency motion by September 14, 2010, at 4:00 p.m. The appellants may file a reply by 4:00 p.m. on September 20, 2010. [10-5287]