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SHERLEY v. SEBELIUS

No. 09-5374.

610 F.3d 69 (2010)

James L. SHERLEY, et al., Appellants v. Kathleen SEBELIUS, in her Official Capacity as Secretary of the Department of Health and Human Services, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 2010.

Attorney(s) appearing for the Case

Thomas G. Hungar argued the cause for appellants. With him on the briefs were Bradley J. Lingo, Ryan J. Watson, Blaine H. Evanson, Samuel B. Casey, and Steven H. Aden.

Stephanie R. Marcus, Attorney, U.S. Department of Justice, argued the cause for appellees. On the brief were Mark B. Stern, Alisa B. Klein, and Abby C. Wright, Attorneys. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

An array of variously situated plaintiffs sued the Department and the Secretary of Health and Human Services and the National Institutes of Health and its Director, challenging newly promulgated guidelines that authorize the NIH to fund more research projects involving human embryonic stem cells than it had previously done. The district court dismissed the suit for want of a plaintiff with standing and dismissed as moot the plaintiffs' motion...

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