9th Cir.;
14-35402

The court of appeals reversed a judgment. The court held that intervenors needed to establish Article III standing in order to assert claims other than those asserted by the plaintiff.

As part of its oversight of drugs subject to the Controlled Substances Act, the United States Drug Enforcement Administration (DEA) regularly issues investigative subpoenas. Those subpoenas are issued without prior approval by a court. The DEA issued two such subpoenas to Oregon's Prescription Drug Monitoring Program (PDMP), seeking the records of one patient and two prescribing physicians. Oregon sought a declaratory judgment that, under state law, the DEA was required to obtain a court order to enforce the subpoenas. The ACLU Foundation of Oregon, Inc., four “John Doe” patients, and one “John Roe” physicians intervened, arguing that the DEA's use of subpoenas violates their Fourth Amendment rights. They sought declaratory and injunctive relief prohibiting the DEA from obtaining prescription records from the PDMP without a warrant supported by probable cause.