Court Finds No Standing To Challenge Embryonic Stem Cell Research Funding

In Sherely v. Sebelius, (D DC, Oct. 27, 2009), several rather differently situated plaintiffs sued to enjoin the federal government from taking further actions to implement federal funding of human embryonic stem cell research. Provisions for funding are in Guidelines promulgated by the National Institute of Health. Plaintiffs are the Christian Medical Association, Nightlight (a Christian adoption agency that promotes adoption of embryos created during IVF procedures), parents who have already had a child through adopting an embryo, two researchers who would be competing for funding, and Nightlight on behalf of the embryos still stored at clinics. The court found, for various reasons, that each of the plaintiffs lacks standing to pursue the lawsuit. Some of the plaintiffs lacked standing because the court found the claim that the regulations will reduce the number of embryos available for adoption is speculative and dependent on third party conduct. As to the embryos still in storage, the court said that they lack standing because "embryos are not 'persons' under the law." AP reports on the decision.