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In his ruling, Lamberth said the injury of increased competition that Sherley and Deisher would face because of the guidelines “is not speculative. It is actual and imminent. Indeed, the guidelines threaten the very livelihood of plaintiffs Sherley and Deisher.”

Nightlight helps individuals adopt human embryos that are being stored in fertilization clinics. It began the program in 1997, using some of more than 400,000 frozen embryos.

The group’s executive director, Ron Stoddart, said the organization was “pleased” with Lambert’s ruling, although he said “we’re not sure what the Justice Department will do.”


AP Medical Writer Lauran Neergaard contributed to this report.