Scimitar Equity Blog

In 8/09, a number of Christian groups filed a lawsuit against the HHS and the NIH charging that the Obama administration’s ESC policy violated the Dickey-Wicker Amendment.  

• The suit was dismissed because the court felt that the plaintiffs had no real standing.

The case was then appealed (2010) by James Sherley, MD, PhD and Theresa Deisher, PhD with Sherley being the named plaintiff in Sherley v. Sebelius. 

• In 6/10 the Court of Appeals reversed the previous decision, holding that plaintiffs Drs. Sherley and Deisher have standing under the competitor standing doctrine,
• The plaintiffs’ motion for a preliminary injunction was remanded to the Federal District Court of the District of Columbia for consideration,
• To justify their standing as plaintiffs, Sherley argued that Congress’ policy to support ESC research caused increased competition for adult stem cell researchers.

The plaintiff, James L. Sherley, M.D., PhD, now a senior scientist in the programs in regenerative biology and cancer at the Boston Biomedical Research Institute earned an MD and a Ph.D. in molecular biology from the Johns Hopkins University School of Medicine in 1988. He was a Postdoctoral Fellow with Arnold J. Levine, at Princeton University (1988 to 1991). From 1991 to 1998 he was Associate Member, Division of Medical Science, Molecular Oncology Group, Fox Chase Cancer Center, Philadelphia, PA. He was a professor in Biological Engineering Division at Massachusetts Institute of Technology (MIT) from 1998 to 2007. His awards include a 1993 Pew Scholar award and recipient of a 2006 NIH Director’s Pioneer Award. Sherley’s research focuses on the molecular and biochemical mechanisms of adult stem cells. He is also “PGP-10” in the Personal Genome Project at Harvard Medical School.

• Dr. Sherley is an outspoken critic of human embryonic stems cell research and abortion, because both promote the destruction of innocent human beings,
• He is open about his opposition to human embryonic stem cell research,  
• In 2006 he stated that cloning human embryos was wrong and that the research from embryonic stem cell research would not lead to a cure all. He believes: “despite similar misinformation to the contrary, adult stem cell research is a viable and vibrant path to new medical therapies. Even calling them an alternative to embryonic stem cells misinforms the public”.

The second plaintiff, Dr. Deisher is also a respected expert in the field of adult stem cell therapies. Dr. Theresa Deisher graduated with honors and distinction and obtained her Ph.D. in Molecular and Cellular Physiology from Stanford University. Dr. Deisher’s scientific research has resulted in 23 patents issued. She has published numerous scientific manuscripts and is a frequent invited lecturer and guest speaker in the area of stem cell technology and regenerative medicine.

• Less controversial, Dr. Deisher has worked for Genentech, Repligen, ZymoGenetics, Immunex, Amgen and Cellcyte Genetics Corporation prior to founding AVM Biotechnology LLC. Dr. Deisher was the first person (world-wide) to identify and patent stem cells from the adult heart, including what are now called ‘very small embryonic-like stem cells’.
• Her discovery remains one of the most significant discoveries in the area of stem cell research. Within the field of regenerative medicine, Dr. Deisher is also a patented inventor of the mesenchymal growth factor ever identified (licensed to Serono for clinical development), and of the use of cytokines to mobilize adult embryonic-like cells.

The judge, Royce C. Lamberth was appointed to the US District for the District of Columbia on 11/16/87. Judge Lamberth became Chief Judge on 5/1/08. Judge Lamberth, a native of San Antonio, Texas, graduated from the University of Texas and School of Law, receiving a B.A. degree and from the University Of Texas School Of Law, receiving an LL.B degree in 1967,

• He served as a Captain in the Judge Advocate General’s Corps of the US Army from 1968 to 1974 and served in the Litigation Division of the Office of the Judge Advocate General of the Army at the Pentagon from 1971 – 1974,
• Judge Lamberth served as an Assistant US Attorney for the District of Columbia from 1974 to 1987,
• He was Chief of the Civil Division of the US Attorney’s Office, 1978 – 1987,
• During 1977 – 1978, he served as Attorney General Griffin Bell’s representative to the President’s Reorganization Project, Federal Legal Representation Study,
• He is former Chairman of the Federal Litigation Section of the Federal Bar Association, and a member of the American Bar Association, the Bar Association of the District of Columbia, the District of Columbia Bar, and the State Bar of Texas,
• Judge Lamberth is also former Chairman of the Professional Ethics Committee of the Federal Bar Association and was appointed by Chief Justice William H. Rehnquist to be the Presiding Judge of the US Foreign Intelligence Surveillance Court on 5/19/95. His appointment ended 5/19/02. (HWM and Wikopedia)