Wikimedia, Nissim BenvenistyIt’s been 3 years since the legality of federal funding for research involving human embryonic stem cells (hESC) was first brought to the US court system, and despite some tense moments, including a temporary ban on National Institutes of Health (NIH) funding for hESC research, the courts have continued to uphold the legality of such funding. Now, the plaintiffs are taking the final step—filing a 36-page petition, known as a writ of certiorari, with the US Supreme Court.
The petition asks the court to consider whether the federal appeals court, which ruled in support of a lower court’s finding that such funding should be allowed, was right in its assessment that such funding doesn't violate the Dickey-Wicker Amendment, which bans federal funding for any research involving the destruction of human embryos. Secondly, the researchers ask the court about the proper handling of the thousands of comments opposing hESC received by the NIH after the agency issued new guidelines in July 2009 that allowed for the submission of new hESC lines eligible for federal funding, above and beyond the 13 approved under the Bush administration, as ordered by President Barack Obama. The federal appeals court agreed that the NIH could ignore these comments, while ...
