On October 24, 2022, WLF asked the Supreme Court to affirm a Third Circuit decision that confirms the government’s right to dismiss a qui tam suit under the False Claims Act (FCA). The case asks 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 explains why adopting that interpretation would undermine the Constitution’s separation of powers. The FCA’s enlistment of private prosecutors already pushes the limits of Article II near the breaking point. While the statute has survived previous constitutional challenges, it has done so only because of the significant control that the dismissal power provides to the Executive. Taking that power away would undermine the Executive Branch and violate the Constitution’s separation of powers. 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.


WLF amicus brief