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SHERLEY v. SEBELIUS

No. 11-5241.

689 F.3d 776 (2012)

James L. SHERLEY, Dr. and Theresa Deisher, Dr., 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 August 24, 2012.

Attorney(s) appearing for the Case

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

Adam J. White was on the brief for amici curiae Robert George , et al. in support of appellants.

Beth S. Brinkmann , Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellees. With her on the briefs were Tony West , Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Mark B. Stern , Stephanie R. Marcus , Abby C. Wright , and Helen L. Gilbert , Attorneys. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Neal Goldfarb and Andrew T. Karron were on the brief for amici curiae Coalition for the Advancement of Medical Research, et al. in support of appellees.

Concurring opinion filed by Circuit Judge BROWN.

SENTELLE, Chief Judge:

Appellants are researchers in the field of adult stem cells who oppose the use of federal funding for the development of embryonic stem-cell research. In district court they filed a complaint seeking declaratory and injunctive relief against appellee Secretary of Health and Human Services' implementation of regulations allowing federal funding of such research. They appeal from a district court order entering summary judgment in favor of the...

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