The judge also finds that the two adult stem cell researchers who brought the case would suffer imminent and irreparable harm without the injunction because they would have to compete with embryonic stem cell researchers for research funds. That is absurd. Adult stem cell research is funded far more generously than work with embryonic stem cells. And there is no firm limit on the amount of money that can be spent on each. NYT editorial
How did this case not get knocked out on standing? Competing for funding? In two different fields ??? Absurd.
But for this absurdity we have to blame the D.C. Circuit Court of Appeals, not Judge Lamberth; it was the D.C. Circuit Ct. which granted the researchers “competitor standing”.
The Guidelines, by allowing federal funding of [embryonic stem cell] research, increases competition for NIH’s limited resources. This increased competition for limited funds is an actual, imminent injury. See Sherely, 2010 WL 2540358 at *5 (explaining that the increased competition that plaintiffs face is “substantial enough to deem the injury to them imminent”). There is no after-the-fact remedy for this injury because the Court cannot compensate plaintiffs for their lost opportunity to receive funds. Sherley v. Sebelius, D.D.C. 2010
Stacking the D.C. Circuit for years with pro-life Republicans has finally paid off!
The mind boggles: Any agency that funds more than one thing is open, now, to scrutiny by the possible fund-ees for potential legal suit. I suddenly see a future for all those laid-off New York law firm associates.
And, a fine example of how Congress works: Default BS caving in to lobbyists. In this instance, the “Dickey-Wicker amendment, that has been attached to annual appropriations bills for the Department of Health and Human Services since 1996″ — i.e., more absurd religious BS around abortion and fetal rights, affecting science and medicine.
And did the Obama administration tackle this problem directly? No, they avoided the problem the same way the other administrations have.
Disgraceful all around.