Morales v. Trans World Airlines, Inc., 504 U.S. 374, 9 (1992)

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382

MORALES v. TRANS WORLD AIRLINES, INC.

Opinion of the Court

The District Court, however, enjoined petitioner not only from enforcing the fare advertising sections of the guidelines, but also from "initiating any enforcement action . . . which would seek to regulate or restrict any aspect of the . . . plaintiff airlines' air fare advertising or the operations involving their rates, routes, and/or services." 712 F. Supp., at 102. In so doing, it disregarded the limits on the exercise of its injunctive power. In suits such as this one, which the plaintiff intends as a "first strike" to prevent a State from initiating a suit of its own, the prospect of state suit must be imminent, for it is the prospect of that suit which supplies the necessary irreparable injury. See Public Serv. Comm'n of Utah v. Wycoff Co., 344 U. S. 237, 240-241 (1952). Ex parte Young thus speaks of enjoining state officers "who threaten and are about to commence proceedings," 209 U. S., at 156 (emphasis added); see also id., at 158, and we have recognized in a related context that a conjectural injury cannot warrant equitable relief, see O'Shea, supra, at 502. Any other rule (assuming it would meet Article III case-or-controversy requirements) would require federal courts to determine the constitutionality of state laws in hypothetical situations where it is not even clear the State itself would consider its law applicable. This problem is vividly enough illustrated by the blunderbuss injunction in the present case, which declares pre-empted "any" state suit involving "any aspect" of the airlines' rates, routes, and services. As petitioner has threatened to enforce only the obligations described in the guidelines regarding fare advertising, the

ments for an injunction to restrain an already-pending or an about-to-be-pending state criminal action, or civil action involving important state interests, see generally Middlesex County Ethics Comm. v. Garden State Bar Assn., 457 U. S. 423, 431-432, 437 (1982); Trainor v. Hernandez, 431 U. S. 434, 440-447 (1977); Younger, supra, at 43-49. Petitioner has not argued for abstention, and the federal-state comity considerations underlying Younger are accordingly not implicated. See Brown v. Hotel Employees, 468 U. S. 491, 500, n. 9 (1984); Ohio Bureau of Employment Services v. Hodory, 431 U. S. 471, 480 (1977).

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