I appear to have been too cynical, because the DoJ has announced that it will appeal this ruling:
The Obama administration said Tuesday that it would appeal a court ruling challenging the legality of President Obama’s rules governing human embryonic stem cell research, as the head of the National Institutes of Health said the decision would most likely force the cancellation of dozens of experiments in diseases ranging from diabetes to Parkinson’s.I am truly shocked. My sense was that Obama would go the way he tried to on "Don't Ask Don't Tell", and punt to Congress.
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