Danco Laboratories, LLC v. Louisiana

Summary

The Court, without explaining its reasoning, granted the manufacturers’ applications to stay the Fifth Circuit’s May 1, 2026 order pending the appeal and disposition of any timely petition for certiorari. The order did not resolve the merits of Louisiana’s challenge to the FDA’s mifepristone requirements. Justice Thomas dissented without any noted joiners, reasoning that the manufacturers had not established entitlement to interim relief because profits from shipments he considered prohibited by the Comstock Act could not constitute legally cognizable irreparable harm. Justice Alito separately dissented without any noted joiners, reasoning that continued FDA nonenforcement made imminent injury unlikely and that the manufacturers had inadequately demonstrated irreparable harm from regulatory compliance burdens or lost sales.