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]
The applications for stays presented to Justice Alito and by him referred to the Court are granted. The April 7, 2023 order of the United States District Court for the Northern District of Texas, case No. 2:22–cv–223, is stayed pending disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Justice Thomas would deny the applications for stays.
Justice Alito, dissenting from grant of applications for stays.
In recent cases, this Court has been lambasted for staying a District Court order “based on the scanty review this Court gives matters on its shadow docket,” Merrill v. Milligan, 595 U. S. ___, ___ (2022) (Kagan, J., dissenting) (slip
