The BLT is reporting that the DC Circuit Appeals Court has sided with the government and has stayed Judge Lamberth’s injunction against ES cell research. Great news! And I’m happy to admit our grim predictions yesterday were wrong.
The judges took the action in a “per curiam” judgement, meaning collectively. So we will not know if there was disagreement between the judges.
So now, if I understand correctly the matter moves back to Lamberth’s court. Hopefully he will not issue summary judgement in favor of the plaintiffs, but if he does, there is now hope that the DC Circuit might be sympathetic to an appeal of Lamberth’s actual judgement.