Polansky Dissent May Signal Further Questioning of the Constitutionality of Qui Tam Actions
This Bulletin is brought to you by AHLA’s Physician Organizations Practice Group.
- November 14, 2023
- Ashley Atwood , Gray Reed & McGraw
On June 16, 2023, the Supreme Court decided the government retains dismissal authority over qui tam actions brought under the False Claims Act (FCA) after declining to intervene during the seal period in United States ex rel. Polansky v. Executive Health Resources, Inc. The majority, in its 8 to 1 decision, accepts a seal-agnostic theory based on the government’s continuing interest in qui tam actions. Although Justice Thomas’ dissent poses little threat to the majority’s seal-agnostic view, his opinion forces attention to long-avoided questions regarding the constitutionality of qui tam actions under the FCA and invites challenges to the present scheme.
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