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From The Chronicle of Higher Education, May 18, 2001 (http://chronicle.com) Has anyone come across any other news reports about this law suit? Linda Scientists Sue to Force Government to Finance Stem-Cell Research By RON SOUTHWICK A group of university scientists and patient advocates filed a lawsuit last week to try to force the federal government to finance studies of embryonic stem cells. The suit, filed in federal court here, asserts that the stem-cell-research regulations developed last year by the Clinton administration are legal and should be put in place. The seven scientists who filed the suit include John Gearhart, a professor of gynecology and obstetrics at the Johns Hopkins University, and James A. Thomson, an assistant professor of anatomy at the University of Wisconsin at Madison. Both researchers are credited with isolating human embryonic stem cells, which scientists believe hold the keys to treating a wide variety of illnesses. The actor Christopher Reeve, who has testified before Congress about the need to finance stem-cell studies, is also a plaintiff in the suit. The Bush administration is reviewing the stem-cell regulations to determine whether they violate a federal law barring the use of federal funds in research that leads to the destruction of embryos. Tommy G. Thompson, secretary of the U.S. Department of Health and Human Services, has said the review should be completed by June. The suit names the department, Mr. Thompson, and Ruth L. Kirschstein, acting director of the National Institutes of Health, as defendants. Embryonic stem cells are undeveloped cells that have the ability to grow into any type of human cell. Researchers say the cells could be used to replace damaged tissue and, eventually, to treat patients with heart disease, diabetes, and Alzheimer's disease. However, religious groups and some Republicans in Congress believe such research is immoral because the embryo is destroyed when the stem cell is removed. The researchers filed their suit in response to litigation in March by Nightlight Christian Adoptions, a California agency that wants to bar the government from financing stem-cell research. The scientists responded with their own lawsuit to coax the government into reviewing grant applications, said Jeffrey C. Martin, an attorney who is representing the researchers. "There are legal problems with the indefinite review and delay of these guidelines," said Mr. Martin, who is doing pro bono work on the case. He was general counsel for the U.S. Department of Education under former president George Bush. An N.I.H. panel had been scheduled to review applications for embryonic stem-cell research last month, but the meeting was cancelled. No applications will be evaluated until the Bush administration finishes its legal review of the guidelines. Initially, the scientists merely sought to intervene as defendants in the suit filed by Nightlight Christian Adoptions. The researchers filed a motion to enter that case on May 4. The scientists decided to sue a few days later after the Justice Department agreed to a temporary stay on reviewing applications for stem-cell research in response to the adoption agency's lawsuit. Even if the administration opts to finance the research, the Justice Department agreement would bar the government from approving any proposals for at least 30 days after the review of the guidelines is finished. The researchers are trying to ensure that the guidelines will not be tangled in endless legal delays, Mr. Martin said. The scientists note that the guidelines don't violate federal law barring the use of public funds for studies that involve the destruction of embryos. The stem-cell regulations do not allow federally financed scientists to take the cells from the embryos; instead, the cells must be obtained from private laboratories. In addition, the federal guidelines state that the cells must be taken from excess embryos at reproductive clinics. Such embryos are usually discarded. ---------------------------------------------------------------------- To sign-off Parkinsn send a message to: mailto:[log in to unmask] In the body of the message put: signoff parkinsn