No. 25-23

Antoine Douglass Johnson v. United States

Lower Court: Ninth Circuit
Docketed: 2025-07-08
Status: Denied
Type: Paid
Response Waived
Tags: article-iii-standing confidentiality-statute court-order jurisdictional-objections record-expansion substance-use-records
Latest Conference: 2025-09-29
Question Presented (from Petition)

I. Did the inferior courts err: 1) by failing to
apply, or 2) by misapplying, settled Article
III standing rules to factual jurisdictional
objections allowing expansion of the record?

II. Is a use or disclosure "order of a court of
competent jurisdiction granted after
application showing good cause " (42 U.S.C. §
290dd-2(b)(2)(C)), a prerequisite to suit; and,
does its absence debar prosecution under 28
U.S.C. § 547(1)?

III. The Defendant is a beneficiary of the
Confidentiality of records statute (42 U.S.C.
§ 290dd-2); and, its rules (42 C.F.R. Part 2).
Does compelled disclosure or use of
sensitive, substance use disorder records,
withstand exacting scrutiny in this case?

Question Presented (AI Summary)

Did the inferior courts err in applying Article III standing rules to jurisdictional objections and in interpreting the prerequisites for disclosure of substance use disorder records?

Docket Entries

2025-10-06
Petition DENIED.
2025-07-23
DISTRIBUTED for Conference of 9/29/2025.
2025-07-16
Waiver of United States of right to respond submitted.
2025-07-16
Waiver of right of respondent United States to respond filed.
2025-04-16

Attorneys

Antoine Johnson
Antoine Douglass Johnson — Petitioner
United States
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent