National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research : [transcript of the third meeting], February 14-15, 1975 ... Bethesda, Maryland.

  • United States. National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research
Date:
[1975]
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Licence: Public Domain Mark

Credit: National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research : [transcript of the third meeting], February 14-15, 1975 ... Bethesda, Maryland. Source: Wellcome Collection.

    71/566 page 66
    ur ~] 66 recommendations to the Secretary of the Department of Health, Education and Welfare on the issue of fetal research. Pend- ing the completion of your report, and any action taken in response to it, there is in effect a moratorium on DHEW- funded research activities involving live fetuses. Strictly involving live fetuses before or after an induced abortion, but the medical community has, with an understandable abundance of caution, terminated all HEW-funded research on live fetuses. z | speaking, the moratorium extends only to research activities This moratorium represents a judgment that the | : propriety -- whether legal, medical or ethical -- of the type of research activities involving live fetuses carried on in the past is so unclear and the prima facie claim of live fetuses to protection at least for the period while the issue is being debated is so strong that immediate action In the law we would liken it to the issuance of } | must be taken. | : a preliminary injunction while the main issues in the lawsuit| have yet to be tried. A preliminary injunction is not granted unless the court finds the threat of irreparable injury in the ' ' status quo and a substantial likelihood of future success on | | the merits. I suggest to you that these two factors have already been found by the authors of the moratorium, and that we, consequently, are forced to defend the status quo -- i.e@.,
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