DOJ in ‘Driver’s Seat': Supreme Court’s FCA Ruling Explained

The US Supreme Court resolved a 20-year circuit split near the end of its term, when it backed the Justice Department’s authority to end a whistleblower’s False Claims Act suit that prosecutors viewed as too costly in government resources to continue.

The split grew in recent years from two standards to three, then to four. Petitions seeking resolution were denied by the court in 2020 and 2021. Meanwhile, a DOJ official issued guidelines on when to increase dismissal motions, prompting Sen. Chuck Grassley (R-Iowa) to introduce legislation to make it more difficult for the DOJ to stop whistleblower suits.

But ...