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The U.S. Appeals Court for the D.C. Circuit has vacated a preliminary injunction imposed by District Judge Royce C. Lamberth last summer that blocked federal funding of human embryonic stem cell research, temporarily causing a shutdown of NIH stem cell projects. On August 23, 2010, Judge Lamberth issued the preliminary injunction barring the federal government from funding human embryonic stem cell research until a court case brought forth by the Alliance Defense Fund is resolved. That injunction was subsequently stayed by a U.S. Appeals Court during the appeals process. On July 27 Lamberth dismissed the case, saying he felt it necessary to side with the Appeals Court.”
As of August 2010, 75 stem cell lines had been approved under the new guidelines, including stem cell lines responsible for more than 80 percent of scientific publications from 1999 to 2008. However, one collection of stem cell lines that included dozens of lines associated with specific genetic diseases did not receive funding approval because language in the consent forms signed by embryo donors precluded donor rights to sue the fertility clinic, Chicago's Reproductive Genetics Institute.
On May 20, 2009, AAAS submitted comments on the National Institutes of Health (NIH) Guidelines for Human Stem Cell Research. AAAS asked NIH to "grandfather in" stem cell lines that met the ethical requirements in place at the time of their derivation, including the lines that were eligible for funding under the Bush Administration policy. After receiving nearly 50,000 comments, the Administration decided to allow funding for stem cell lines that followed the spirit, if not the exact requirements, of the new ethical guidelines.
On April 23, 2009, NIH published draft Guidelines for Human Stem Cell Research in the Federal Register. They allowed funding for research using stem cells that were derived from embryos created by in vitro fertilization for reproductive purposes only, so long as they were no longer needed for that purpose. Funding for research using stem cell lines derived from other sources, including somatic cell nuclear transfer and in vitro fertilization embryos created for research purposes, was not to be allowed. In addition, the informed consent requirements were updated.
On March 9, 2009, President Obama issued an executive order overturning the Bush policy on human embryonic stem cell research. The order allowed 120 days for the development of ethical guidelines by the secretary of Health and Human Services through the director of the NIH.
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