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Antoine Douglass Johnson v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-3676 · judgment January 28, 2025


Certiorari denied · October 6, 2025
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

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? r

Counsel of record

For petitioner
Antoine Douglass Johnson

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jul 23 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jul 16 2025
    Waiver of right of respondent United States to respond filed.
  4. Apr 16 2025
    Petition for a writ of certiorari filed. (Response due August 7, 2025)