ALITO, J., dissenting
SUPREME COURT OF THE UNITED STATES
No. 22A901
DANCO LABORATORIES, LLC v. ALLIANCE FOR
HIPPOCRATIC MEDICINE, ET AL.
ON APPLICATION FOR STAY
No. 22A902
FOOD AND DRUG ADMINISTRATION, ET AL. v.
ALLIANCE FOR HIPPOCRATIC MEDICINE, ET AL.
ON APPLICATION FOR STAY
[April 21, 2023]

Temper tantrum.

…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. The Food and Drug Administration (FDA) has engaged in what has become the practice of “leverag[ing]” district court injunctions “as a basis” for implementing a desired policy while evading both necessary agency procedures and judicial review…

…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…

2-7, apparently.