On June 16, 2023, the Supreme Court affirmed a Third Circuit decision that confirms the government’s right to dismiss a qui tam suit under the False Claims Act (FCA). The case asked the Court to interpret the FCA to mean that the Executive Branch has no authority to dismiss an FCA action after declining to intervene. In its amicus brief, WLF explained why adopting that interpretation would undermine the Constitution’s separation of powers. Although the Court’s majority did not take up that constitutional question, it held that the text of the FCA makes clear that the United States may intervene and voluntarily dismiss the suit at any time—even if it initially declined to intervene. And the Government’s motion to dismiss will satisfy Federal Rule of Civil Procedure 41 in all but the most exceptional cases. WLF’s amicus brief was drafted with the pro bono assistance of Kristin Graham Koehler, Joshua J. Fougere, Christopher S. Ross, and Alexandria T. Mushka of Sidley Austin LLP.


U.S. Supreme Court opinion

WLF amicus brief