Hold the Date, 9/27/10; Appeals Court will Re-hear hESC Oral Arguments
The appeals court will hear oral presentations from lawyers on both sides of the hESC funding lawsuit. They will be arguing the question of whether government funding for the research should continue while the courts consider the substance of the case: whether it is legal for the US government to fund research involving human embryonic stem cells.
Last week, Lamberth’s injunction was temporarily lifted by the appeals court while it considers whether the injunction should continue or not as the case winds its way through the courts.
9/27/10 has been set as the day when a 3 judge panel of the court will re-hear the arguments, rather than simply consider written submissions. It will then decide whether or not Lamberth’s injunction should be in effect while the case proceeds.
While the appeals court deals with the injunction:
- The DOJ has until 9/30/10 to argue against the plaintiff’s request for a summary judgment;
- The plaintiffs will then have 7 days to file a counter-response;
- Both sides will have until 10/17/10 to jointly file agreed-upon background documentation;
- If Lamberth grants summary judgment, that means the injunction, even if temporarily upheld until then by the court of appeals, could be back permanently — or at least until the case on its merits is appealed up through the courts.
Is this matter headed to the Supreme Court? (HWM and Nature)