Thomas Dissent Could Signal ‘Twilight’ for False Claims Act

One-third of the US Supreme Court is open to the view that whistleblower provisions in the False Claims Act—which help the US government recover billions of dollars each year—are unconstitutional.

The 8-1 ruling in United States ex rel. Polansky v. Executive. Health Resources Inc. held that it was proper for the Justice Department to dismiss a whistleblower’s FCA suit that it viewed as too costly.

Although it was unfavorable for whistleblowers, the dissent by Justice Clarence Thomas could be even worse news in the long run.

In the second half of his dissenting opinion, Justice Thomas said the whistleblower provisions ...