Our Predictions For 2024: False Claims Act Constitutionality

In the latest episode of Bona Fide Needs, Pub K Managing Editor Bill Olver is joined by Arnold & Porter False Claims Act Investigations & Defense attorneys Christian Sheehan and Jayce Born for a discussion on the constitutionality of the False Claims Act. Supreme Court Justice Thomas revived the long-dormant issue in his dissenting opinion in U.S. ex rel. Polansky v. Executive Health Resources Inc. In that case, the Supreme Court majority held that the government has broad discretion to seek dismissal of a relator's qui tam actions. But Justice Thomas, in his dissent, stated that there "are substantial arguments that the qui tam device is inconsistent with Article II [of the Constitution] and that private relators may not represent the interests of the United States in litigation."