In a petition before the Lamberth’s court, the government requested that the judge's order not go into effect before the appeals court can rule.
The request was "to avoid terminating research projects midstream, invalidating results in process and impeding or negating years of scientific progress toward finding new treatments for devastating illnesses such as diabetes, Parkinson's disease and blindness," the filing said.
The government said if Lamberth does not grant the stay by September 7, the government would "present their stay request to the Court of Appeals the following day".
In that event, a three-judge panel of the U.S. Circuit Court for the District of Columbia, would likely rule quickly on the request for a stay, while it schedules briefs and arguments on the legal merits of the case which may take months.
Government lawyers filed the appeal on behalf of Health and Human Services Secretary Kathleen Sebelius, the National Institutes of Health, and its director, Francis Collins.
Collins said NIH has invested over $546 million in taxpayers' money in human embryonic stem cell research since 2001. In a 12-page statement attached to the appeal, Collins said the court order prevents NIH from providing $54 million in funds to 24 human embryonic research projects currently under way that were expecting to receive funds within the next month. He said another 199 grants would be discontinued for projects which were to be awarded funding after the September 30 deadline ordered by the court.
"We've said from day one that embryonic stem cell research is a top priority for this administration, and we're going to do everything possible to prevent the potentially catastrophic consequences of this injunction," said White House spokesman Reid Cherlin.
Source-Medindia