United States v. Johnson (1943)

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United States v. Johnson (1943) was a Supreme Court per curiam decision about a tenant’s lawsuit against a landlord under the Emergency Price Control Act of 1942. The tenant claimed the landlord violated the Act and sought treble damages and attorney fees. The district court dismissed the case, ruling that the Act and its regulations were unconstitutional because Congress had improperly delegated legislative power. Before the district court could issue the final order, the government asked to reopen the case, arguing it was collusive and not a real dispute. An affidavit showed the plaintiff used a fictitious name, did not participate in or pay for the suit, and was effectively managed by the landlord and the landlord’s attorney. The government’s motion to reopen was denied. The government appealed, and the Supreme Court vacated the district court’s dismissal and ordered the case dismissed as collusive, holding there was no real adversary. The Court noted the tenant had no active involvement and was nominally represented by counsel chosen by the landlord. Argue: May 11–12, 1943; Decide: May 24, 1943.