A Legal Win for Stem Cell Research, but Case May Not Be Over

A U.S. appeals court today upheld the legality of federally funded research on human embryonic stem cells (hESCs)—the latest in a string of wins for the National Institutes of Health (NIH) in a 3-year legal battle with groups that for moral reasons want to block the use of these cells. But although hESC researchers can breathe easy for now, the 27-page decision suggests the battle over hESCs may not be quite over.

"It's a clear victory for us. We've very happy with the opinion," says Amy Comstock Rick, an attorney and president of the Coalition for the Advancement of Medical Research, which defends hESC work. However, because the three judges in the appeal of Sherley v. Sebelius issued separate opinions in favor of NIH and used different reasoning, the plaintiffs who filed suit against NIH might have a shot at another review, some legal experts say.

Samuel Casey, an attorney for the plaintiffs, said in a statement: "We are disappointed by the Court of Appeals decision and, given the reasoning in the two concurring opinions, we are evaluating whether and...