DOE v. OBAMA

Nos. 10-1104, 10-1106.

631 F.3d 157 (2011)

Mary Scott DOE, a human embryo "born" in the United States (and subsequently frozen in which state of cryopreservation her life is presently suspended), individually and on behalf of all other frozen human embryos similarly situated; National Organization for Embryonic Law (NOEL); Nightlight Christian Adoptions; Peter Murray; Suzanne Murray; Courtney Atnip; Tim Atnip; Steven B. Johnson; Kate Elizabeth Johnson; Cora Best; Gregory Best, Plaintiffs-Appellants, v. Barack Hussein OBAMA, in his official capacity as President of the United States; Charles E. Johnson, in his official capacity as acting secretary of the Department of Health & Human Services; Raynard S. Kington, in his official capacity as acting director of the National Institutes of Health, Defendants-Appellees. Mary Scott Doe, a human embryo "born" in the United States (and subsequently frozen in which state of cryopreservation her life is suspended), individually and on behalf of all other frozen human embryos similarly situated; National Organization for Embryonic Law (NOEL); Peter Murray; Suzanne Murray; Courtney Atnip; Tim Atnip; Steven B. Johnson; Kate Elizabeth Johnson; Cora Best; Gregory Best, Plaintiffs-Appellants, v. Kathleen Sebelius, In her official capacity as Secretary of the Department of Health & Human Services; Francis S. Collins, In his official capacity as director of the National Institutes of Health, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 21, 2011.


Attorney(s) appearing for the Case

ARGUED: Rudolph Martin Palmer, Jr. , Hagerstown, Maryland, for Appellants. Benjamin Seth Kingsley , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Tony West , Assistant Attorney General, Mark B. Stern , United States Department of Justice, Washington, D.C., Rod J. Rosenstein , United States Attorney, Baltimore, Maryland, for Appellees.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge TRAXLER and Judge SHEDD joined.


OPINION

WILKINSON, Circuit Judge:

Plaintiffs in this case challenge the federal funding of research involving embryonic stem cells. The district court dismissed the suit for want of standing. We appreciate the sensitivity of the underlying issue and respect the sincerity of arguments on all sides of the question. However, as a matter of law, the principles of standing enunciated by the Supreme Court mandate an affirmance of the judgment.

I.

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