Third-Party Funding and the Constitutionality of Qui Tam Suits After Polansky
Inside Government Contracts
OCTOBER 4, 2023
The Supreme Court’s decision in United States ex rel. Polansky v. Executive Health Resources, Inc. , 143 S. Ct. 1720 (2023), has increased attention on arguments that the False Claims Act’s qui tam provisions may be unconstitutional. Although the majority’s opinion in the case did not address the issue, the dissent by Justice Thomas—joined in this regard by Justices Kavanaugh and Barrett—stated that “[t]here are substantial arguments that the qui tam device is inconsistent with Article II and t
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