Step by Step the Cause of Life is Being Upheld in Sherley v. Sebelius

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An Advocates International Advocacy Briefing           
September 10, 2010
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Timeline
A Brief History of Sherley v. Sebelius:
March 11, 2009
Executive Order to fund "responsible, scientifically worthy human stem cell research...to the extent permitted by law."

May 26, 2009
On behalf of itself and a large coalition of scientists, patients and pro-life organizations called DO NO HARM et al., AI's legal team file over 140 pages of comments opposing on legal, ethical and scientific grounds the NIH's proposed regulatory "Guidelines" that would for the first time fund the destruction of living human embryos for in human experimentation.

July 7, 2009
NIH Guidelines are published in violation of the Administrative Procedures Act. The Guidelines allow for funding of research using hESCs (human Embryonic Stem Cells) derived from embryos created using in vitro fertilization (IVF) for reproductive purposes and no longer needed for these purposes, assuming the research has scientific merit and the embryos were donated after proper informed consent was obtained from the donor(s).

August 19, 2009
AI and its co-counsels representing selected members of the Do No Harm coalition file their complaint in federal district court challenging the legality of the NIH's new guidelines.

October 27, 2009

District court rules that all plaintiffs in the lawsuit lack standing.
 
December 8, 2009
AI legal team appeals district court's denial of standing.
 
June 25, 2010
Court of Appeals rules in favor of AI on issue of standing, and remands case to District Court.

August 23, 2010

District Court grants preliminary injunction which halts all federal funding for hESC research.
 

Sept. 7, 2010

The District Court issues its Order denying the government's request for an 'emergency' stay of the court's preliminary injunction pending appeal

Sept. 9, 2010
The Court of Appeals grants a short "administrative stay" of the District Court's preliminary injunction to give it a few days to review the voluminous record in the caseand plaintiffs' opposition to the government's 160 page emergency stay motion that had already been denied in the district court.

Sept. 9, 2010
Plaintiff adult stem cell researchers file their 400-page motion for summary judgment asking the District Court for a Declaratory Judgment against the government on all claims and a permanent injunction against federal funding of "human embryo research in which the human embryo is destroyed, discarded or knowingly subjected to risk of injury or death."

 
 
 
Step by Step the Cause of Life
is Being Upheld in Sherley v. Sebelius
 

 

AI Sanctity of Life LogoThe most important aspect of the recent preliminary injunction in favor of AI's clients in Sherley v. Sebelius is that it prevents the government from funding any more research in which  living human embryos are necessarily destroyed, discarded and otherwise exposed to the risk of injury or death while the case is pending in the courts. Such research is neither lawful, ethical nor necessary.
 

The government recently tried to stay the injunction in order to continue its unlawful, unethical and unnecessary research programs but was halted by the another district court ruling. Now they have appealed to the federal Court of Appeals using the same "speculative" arguments with the same goal of continuing to fund  unlawful, unethical and unnecessary destructive human embryonic stem. While the federal Circuit Court of Appeals for the District of Columbia has issued a short "administrative stay" order to give it time to review the government's 160-page stay request and plaintiffs' opposition, AI is asking the Court of Appeals to vacate the administrative stay  and deny the government's request for emergency stay of the preliminary injunction pending appeal.

Moving forward, AI and its co-counsels at the Alliance Defense Fund and GIbson, Dunn & Crutcher have filed a comprehensive Motion for Summary Judgment and  request for issuance of permanent injunction declaring the illegality of the government's actions and enjoining the government from using federal funds for research in which living human embryos are necessarily destroyed, discarded and otherwise exposed to the risk of injury or death.

 

More information and links to further documentation, including the 400-page summary judgment motion and accompanying declarations, can be found in Advocates' Sept. 9 press release. 

 

Sam 1 & 2

 

For Life , Liberty and Justice with Compassion,

 Sam 1  & Sam 2


 

New Challenges      


The Advocates International Home Office recently faced a series of challenging events. Our founder, Sam Ericsson, discovered his bladder cancer was no longer in remission and had grown to extremely dangerous levels. Sam 1 is now on a six month medical leave. Our prayers are with him and his family as Sam 1 works on healing his body without any stress from the workplace.

 

At the same time Advocates' General Counsel, Sam Casey, suffered a ruptured appendix. We are very thankful that 'Sam 2' experienced this medical problem while he was in the U.S. and not two weeks earlier when he was working on peace and reconciliation matters with Dickson Ogwang and Advocates Africa in Eastern DRC and Northern Uganda . As you can see, during their stays at the hospital,  Sam 1 and 2 continued to work in every way possible, especially on the Sherley v. Sebelius case. Sam 2 has since recovered and rejoined the staff in the Advocates Home Office.  Sam 1 is resting at home.

 

Advocates International is now in need of you more than ever. We ask that you would pray for our Board of Directors, that they would have wisdom in making the necessary adjustments to Sam Ericsson's medical leave. In addition to being our Chief Executive Officer and Good Samaritan in Chief,  Sam 1 acted as our chief fundraiser and often as one of our most major donors.

 

We are now at a critical juncture.

We continue to pursue the calling to do justice with compassion, and have had great successes in the recent months, but we face great challenges too. The end of summer is typically a lean time in the life of any organization dependent upon the financial contributions of those who believe in its mission, and we here at AI are no exception.

If you like what we are doing, if you are proud of what have done together, then please support us so we can continue to serve.

Here's how you can help: (more)


 
Calling all Advocates
           We are always looking to identify, train, equip, enable  and mobilize advocates,like you, all over the world who are inspired by our core values and want to protect and defend religious freedom, the rule of law, the right to life, peace and reconciliation, human rights and justice for the poor. 

           You can join with us by going to our web site and signing on!  Thanks.