Antoine Douglass Johnson v. United States
SocialSecurity DueProcess HabeasCorpus
Whether a program or person holding records is entitled to judicial review when invoking the Confidentiality records statute under 42 C.F.R. § 2.66(b)
If a program or person holding the records invokes the Confidentiality or records statute (42 U.S.C. § 290dd-2), by presenting evidence under 42 C.F.R. § 2.66(b), is he entitled to judicial review of that presented evidence?I. “A core concern in this Court's personal jurisdiction cases is fairness. ” (.Bristol-Myers Squibb Co. v. Superior Court of Cal., 137 S. Ct. 1773, 1784 (2017)). Is it fair to deny a coram nobis hearing to a program or person holding the records when new , undisputed evidence proves his conduct is presumptively within the scope of statutory immunity provided by 42 U.S.C. § 290dd2(c) and 42 C.F.R. § 2.66?II. “[I]f a defendant contests the court's authority, the court must determine whether it can nevertheless assert coercive power over the defendant. That calculus turns first on the statute or rule defining the persons within the court's reach. ” (.Mallory v. Norfolk Southern Ry. Co., 143 S. Ct. 2028, 2055 (2023)). If a Confidentiality of records beneficiary claims he is not within the court ’s reach, because patient identifying information was improperly used or disclosed, must federal courts determine whether that claim is true?III.