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Benten v. Kessler, 505 U.S. 1084 (1992)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Benten v. Kessler, 505 U.S. 1084 (1992)
Benten v. Kessler No. A-40 Decided July 17, 1992 505 U.S. 1084
ON APPLICATION TO VACATE STAY
Syllabus
Respondent federal officials confiscated applicant Benten’s supply of RU-486, 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 Administrative Procedure Act and FDA regulations. The Court expresses no opinion on the merits of the claim that holding the drug would constitute an undue burden upon Benten’s constitutionally protected abortion rights, since that claim was addressed neither by the courts below nor by applicants’ filings in this Court.
Application denied.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Benten v. Kessler, 505 U.S. 1084 (1992) in 505 U.S. 1084 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=V1FGSW4T7DSHP3P.
MLA:
U.S. Supreme Court. "Syllabus." Benten v. Kessler, 505 U.S. 1084 (1992), in 505 U.S. 1084, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=V1FGSW4T7DSHP3P.
Harvard:
U.S. Supreme Court, 'Syllabus' in Benten v. Kessler, 505 U.S. 1084 (1992). cited in 1992, 505 U.S. 1084. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=V1FGSW4T7DSHP3P.
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