Supreme Court of the United States, Danco Laboratories, LLC v. Alliance for Hippocratic Medicine… (2023)
“ It is not clear that there actually is a conflict because the relief in these cases is a stay, not an injunction, but even if there is a conflict, that should not be given any weight. Our granting of a stay of a lower-court decision is an equitable remedy. It should not be given if the moving party has not acted equitably, and that is the situation here. ”
Supreme Court of the United States, Danco Laboratories, LLC v. Alliance for Hippocratic Medicine… (2023)
“ The FDA has previously invoked enforcement discretion to permit the distribution of mifepristone in a way that the regulations then in force prohibited, and here, the Government has not dispelled legitimate doubts that it would even obey an unfavorable order in these cases, much less that it would choose to take enforcement actions to which it has strong objections. ”
