by Steven Ertelt/LifeNews.com
A federal appeals court has determined a federal judge was right to throw out a lawsuit challenging President Barack Obama’s decision to force taxpayers to fund embryonic stem cell research.
The U.S. Circuit Court of Appeals for the District of Columbia upheld a decision throwing out a lawsuit challenging the funding, which President George W. Bush stopped and Obama allowed just months after entering office. The bringers of the lawsuit argued Obama’s executive order forcing taxpayer funding violated the 1996 Dickey-Wicker law that prohibits taxpayer of any scientific research that results in the destruction of human embryos, unborn children at their earliest days of life.
A three-judge appeals court panel unanimously agreed with the lower court judge. According to an AP report, Chief Judge David B. Sentelle said “Dickey-Wicker permits federal funding of research projects that utilize already-derived” embryonic stem cells because no “human embryo or embryos are destroyed” in such projects.
In August 2010, U.S. District Judge Royce Lamberth ruled that Obama executive order likely violates that law against federal funding of embryo destruction. But, in April 2011, a federal appeals court ruled Obama can force taxpayers to fund embryonic stem cell research that has never helped any patients.
Responding to that decision, Judge Lamberth, dismissed the lawsuit Boston adult stem cell researcher James Shirley filed saying the decision discriminates against researchers who don’t use embryonic stem cells. Lamberth said he is bound to follow the appeals court decision and had no choice but to dismiss the lawsuit.