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Sherley v. Sebelius

Citations: 686 F. Supp. 2d 1; 2009 WL 3429349Docket: Civ. No. 1:09-cv-1575 RCL

Court: District Court, District of Columbia; October 27, 2009; Federal District Court

Narrative Opinion Summary

In this case, plaintiffs, including researchers and adoption agencies, sought to enjoin the implementation of new NIH guidelines permitting federal funding for human embryonic stem cell research, arguing that these guidelines would harm their interests. The defendants, including federal officials, moved to dismiss the case, asserting lack of standing and subject-matter jurisdiction. The court, presided over by Chief Judge Royce C. Lamberth, agreed with the defendants, dismissing the case on the grounds that the plaintiffs failed to demonstrate standing. The plaintiffs' claims of competitive harm, diminished embryo availability for adoption, and ethical concerns were deemed speculative or abstract. The court found that the plaintiffs could not establish concrete and imminent injuries directly traceable to the guidelines, nor redressable by a favorable court decision. Furthermore, the court clarified that embryos are not legally recognized as persons, precluding any standing based on representing their interests. The decision underscores the stringent requirements for establishing standing, particularly when plaintiffs' injuries are reliant on decisions by third parties or are not directly caused by the challenged government action.

Legal Issues Addressed

Abstract Concerns and Standing

Application: CMA's claim of injury due to frustration of its purpose by the guidelines was deemed an abstract concern, insufficient to establish standing.

Reasoning: CMA's claim of injury due to the guidelines frustrating its purpose and necessitating resource allocation does not meet the standing requirement, as such frustration is deemed an abstract concern.

Competitor Standing Doctrine

Application: The court held that Drs. Sherley and Deisher did not have standing under the competitor standing doctrine due to lack of a protected competitive interest in NIH funding.

Reasoning: However, the Court determines that this doctrine is not applicable here, as Drs. Sherley and Deisher have not shown a protected competitive interest in NIH funding, merely the opportunity to compete for it.

Embryos and Legal Personhood

Application: The court ruled that embryos are not considered persons under the law, negating their standing.

Reasoning: The court rules that embryos are not considered persons under the law, which negates their standing.

Speculative Injuries and Third-Party Decisions

Application: The court found Nightlight's claimed injury regarding embryo adoption speculative and contingent on third-party decisions, failing to meet standing requirements.

Reasoning: However, the court finds this allegation speculative and dependent on third-party decisions, thus failing to meet the standing requirement.

Standing in Federal Court

Application: The court determined that plaintiffs must demonstrate injury in fact, causation, and redressability to establish standing.

Reasoning: To establish standing in federal court, a plaintiff must demonstrate an injury in fact, causation, and redressability.