Tuesday, September 07, 2010

Judge Lamberth maintains preliminary injunction

See commentary on Volokh: Judge Denies Stay on Stem Cell Research Injunction.

Lost in Korobkin's comments is the fact that Judge Lamberth DENIED standing the first time around, and got overruled.

Ex ante, the probability of getting funded with competition from ESC is lower. The fact ex post of funding doesn't change the lower probability, which merely conveyed standing.

The merits are Dickey-Wicker, and what Congress intended.

***UPDATE. Also on standing.

Who Stands for Standing?


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