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Emergency application

Danco Laboratories, LLC v. Louisiana

Granted
No. 25A1207Stay applicationFiled by a private partyPresented to Justice AlitoFrom United States Court of Appeals for the Fifth Circuit

What did the Court do?

The Court granted the request on May 14, 2026: the lower court's ruling is on hold while the appeal continues.

Emergency rulings are temporary and do not decide the underlying case. Justice Thomas and Justice Alito would have ruled the other way.

Filed Ruled 12 days after filing

What's being asked

A private party asks the Supreme Court to pause (stay) a lower-court ruling from the United States Court of Appeals for the Fifth Circuit while the appeal continues. The case is Danco Laboratories, LLC v. Louisiana.

What the Court did

Application (25A1207) for stay presented to Justice Alito and by him referred to the Court is granted. The May 1, 2026 order of the United States Court of Appeals for the Fifth Circuit, case No. 26–30203, 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 dissents. (Detached <a href = 'https://www.supremecourt.gov/opinions/25pdf/25a1207_new_3d9g.pdf'>Opinion</a>) Justice Alito dissents. (Detached <a href = 'https://www.supremecourt.gov/opinions/25pdf/25a1207_new_3d9g.pdf'>Opinion</a>)

Dissenting · 2recorded against the Court's order
  1. Thomas
  2. Alito
Vote not published · 7the order does not say how they voted
  1. Roberts
  2. Sotomayor
  3. Kagan
  4. Gorsuch
  5. Kavanaugh
  6. Barrett
  7. Jackson
The order records the positions of 2 of 9 justices. The Court usually does not say how each justice voted on an emergency application, so the rest are shown as not published.
Days from filing to a ruling for 10 rulings on applications where the Court asked for a response since January 1, 2025. The band is the middle half, the tick the median, and the mark this application: ruled 12 days after filing.

What it means

This is a temporary order about what happens while the case is decided, not a ruling on who is right. The case continues in the United States Court of Appeals for the Fifth Circuit.

Separate writings

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 25A1207. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked September 23, 2026