DC Circuit: Researchers Have Standing To Challenge Change In Stem Cell Grant Policy

In Sherley v. Sebelius, (DC Cir., June 25, 2010), the U.S. Court of Appeals for the D.C. Circuit, reversing the trial court, held that two doctors who specialize in adult stem cell research have "competitor standing" to challenge the Obama administration's lifting of limitations on NIH funding of embryonic stem cell research. Plaintiffs are injured because they will now find the application process for stem cell research more comeptitive, and will need to invest more time and resources to craft successful grant applications. The court did not pass on the merits of the claim that the new NIH Guidelines are in violation of Congressional limits on the use of Department of Health and Human Services funds to support research that will harm or destroy human embryos. The district court had denied standing to all plaintiffs, including the Christian Medical Association and a Christian adoption agency. (See prior posting.) Reuters reports on the decision. Alliance Defense Fund issued a press release on the decision, as did Advocates International.