Brewer v. Landrigan

• Decision Date: 26 October 2010
• Docket Number: No. 10A416.,10A416.
• Citation: Brewer v. Landrigan, 131 S. Ct. 445, 178 L.Ed.2d 346, 562 U.S. 996 (2010)
• Parties: BREWER, Gov. of AZ, et al., v. LANDRIGAN, Jeffrey T.
• Court: U.S. Supreme Court

562 U.S. 996

131 S.Ct. 445 (Mem)

178 L.Ed.2d 346

BREWER, Gov. of AZ, et al.,

v.LANDRIGAN, Jeffrey T.

No. 10A416.

Supreme Court of the United States

Oct. 26, 2010.

The application to vacate the order by the district court granting a temporary restraining order, presented to Justice KENNEDY and by him referred to the Court, is granted.There is no evidence in the record to suggest that the drug obtained from a foreign source is unsafe.The district court granted the restraining order because it was left to speculate as to the risk of harm.See Order Granting Motion for a Temporary Restraining Order in Landrigan v. Brewer,2010 WL 4269559, No. CV–10–02246–PHX–ROS(D.Ariz.), Doc. 21, p. 15("[T]he Court is left to speculate ... whether the non-FDA approved drug will cause pain and suffering.").But speculation cannot substitute for evidence that the use of the drug is " ‘sure or very likely to cause serious illness and needless suffering.’ "Baze v. Rees,553 U.S. 35, 50, 128 S.Ct. 1520, 170 L.Ed.2d 420(2008)(quotingHelling v. McKinney,509 U.S. 25, 33, 113 S.Ct. 2475, 125 L.Ed.2d 22(1993) ).There was no showing that the drug was unlawfully...