The incorrectly decided preliminary injunction prohibiting federal funding for embryonic stem cell research: Sherley v. Sebelius
by Tyler Short
International Journal of Public Law and Policy (IJPLAP), Vol. 1, No. 1, 2011

Abstract: The recent decision of Sherley v. Sebelius has temporarily stopped federal funding for research conducted on embryonic stem cells (ESCs) with the preliminary injunction issued by Chief Judge Royce C. Lamberth. This paper will focus on: 1) the background of ESCs; 2) why ESCs are important for medical advancement; 3) an analysis of why the District Court's decision should be overturned. The Court considered four factors in order to determine that a preliminary injunction should be issued: 1) likelihood of success; 2) irreparable injury; 3) balance of hardships; 4) the public interest. An analysis of these four factors will show that the District Court incorrectly determined there should be a preliminary injunction and therefore there should be federal funding for ESC research.

Online publication date: Tue, 31-Mar-2015

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