Federal judge throws out challenge to stem cell funding

By Carolyn Y. Johnson, Globe Staff

A lawsuit filed to stop federal funding for human embryonic stem cell research has been dismissed by a judge after creating months of uncertainty for scientists in Boston and beyond.

The decision brings resolution to limbo that began last year, when the challenge to President Obama’s stem cell policy resulted in a legal zig-zag that included a temporary halt on funding for research, which was later reversed.

“It was never for me a cloudy or contentious issue; this was a politically-motivated lawsuit,” said Douglas Melton, co-director of the Harvard Stem Cell Institute. “I would say I’m relieved -- the feeling I have on the news you are giving me is this removes a last question mark ... about the freedom to do this sort of research.”

The White House and the director of the National Institutes of Health lauded the decision.

“We are pleased with today’s ruling,” said Dr. Francis S. Collins, director of the NIH in a statement. “Responsible stem cell research has the potential to develop new treatments and ultimately save lives. This ruling will help ensure this groundbreaking research can continue to move forward.”

Opponents of embryonic stem cell research object to it because it requires the destruction of human embryos.

Judge Royce Lamberth, a district court judge in Washington D.C., had initially granted a preliminary injunction halting funding for embryonic stem cell research, a promising area of biomedical research that has given scientists and patients hope will be the basis for the development of treatments for human ailments ranging from juvenile diabetes to spinal cord injury. A higher court reversed that decision. In a 38-page memorandum of opinion, Lamberth states that he is bound by a conclusion reached by the higher court.

“The question of whether embryonic stem cell research should be funded at all was not a question left on the table for the NIH by President Obama’s Order,” Lamberth wrote in the memorandum. “Indeed, had the NIH adopted plaintiffs’ views and refused to consider funding any embryonic stem cell research projects, its regulation would have been inconsistent with the Executive Order and unlawful.”

In a statement, attorneys who brought the lawsuit said they are considering next steps.

“The law is clear, and we intend to review all of our options for appeal of this decision,” said Steven H. Aden, senior counsel for the Alliance Defense Fund, a nonprofit alliance of Christian attorneys and co-counsel in the lawsuit.

At the center of the lawsuit were two scientists, including adult stem cell researcher James L. Sherley of the Boston Biomedical Research Institute, a nonprofit in Watertown. The two scientists had alleged that funding for embryonic stem cell research was causing increased competition for federal funding, hurting the ability of researchers to attract grants. But in an interesting twist, the Boston Biomedical Research Institute where Sherley works last year filed to join the federal government in opposition to him, citing “our belief that human embryonic stem cell research offers real promise in enhancing understanding of a wide variety of human diseases.”

In an e-mail, Sherley wrote, “Presently, I am not commenting on any aspect of the pending court case.”