Us Supreme Court Court July 1992 Judgments
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Benten Vs. Kessler
Court: US Supreme Court
Decided on: Jul-17-1992
Benten v. Kessler - 505 U.S. 1084 (1992) OCTOBER TERM, 1991 Syllabus Per Curiam BENTEN ET AL. v. KESSLER, COMMISSIONER, FOOD AND DRUG ADMINISTRATION, ET AL. ON APPLICATION TO VACATE STAY No. A-40. Decided July 17, 1992 Respondent federal officials confiscated applicant Benten's supply of RU486, a drug not approved by the Food and Drug Administration (FDA), at airport customs as she tried to import a single dosage in order to induce a nonsurgical abortion. The District Court entered a preliminary injunction compelling the drug's immediate return to Benten, which the Court of Appeals stayed pending an appeal. Held: The application to vacate the stay is denied. Applicants have failed to demonstrate a substantial likelihood of success on the merits of their claim that Benten is entitled to the drug's return on the ground that the administrative document instructing officials to seize the drug was promulgated without notice-and-comment procedures assertedly required by both the A...
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