University of California - UC Newsroom | UC issues statement on stem cell lawsuit decision

UC issues statement on stem cell lawsuit decision

Date: 2010-09-27
Contact: University of California Office of the President
Phone: (510) 987-9200
Email:

Statement by the University of California regarding the U.S. Federal Court of Appeals decision to allow UC to participate as amicus curiae in the case of Sherley v. Sebelius.

The University of California welcomes the U.S. Court of Appeals' recognition of our interest in the stem cell litigation as reflected in its order issued today (Sept. 27) that the university be permitted to participate in this important case as amicus curiae.

The university submitted papers to the court last week to directly weigh in on the significant harm to research institutions engaged in human embryonic stem cell research that will result from a suspension or termination of access to federal funds imposed by a lower court's preliminary injunction. The university strongly believes that the scientific community should be permitted to move forward with this critical research.

Today's action by the Court of Appeals allows UC to highlight the harm that the injunction, if allowed to stand, will cause to the ethical pursuit of human embryonic stem cell research, as well as the impact on the potential for new cures and therapies for an array of life-threatening diseases that holds great hope to millions of patients and their families.

The university will determine next steps in light of today's proceedings and decision, as well as the Court of Appeals' anticipated decision on the Justice Department's motion to stay the preliminary injunction throughout the appeals process.

Background:
On Aug. 23, 2010, in the case of Sherley v. Sebelius, a federal trial court judge in Washington, D.C., issued a preliminary injunction prohibiting federal funding of research involving human embryonic stem cells (hESC). On Sept. 9, that injunction was temporarily suspended by a federal appellate court while it decides whether the injunction should be re-instated for the several months it likely will take the appeals court to review the case on the merits. On Sept. 20, the University of California filed a motion with the U.S. Federal Court of Appeals for the District of Columbia Circuit seeking to intervene in the case in order to assure the harm caused by the judicially imposed federal funding ban to the university and its researchers is fully considered.