This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
The Supreme Court held that the government may dismiss a qui tam action under § 3730(c)(2)(A) provided the relator receives notice of the motion and an opportunity for a hearing.
The Court affirmed the judgment dismissing the action under Federal Rule 41, confirming the government’s entitlement to dismiss the qui tam suit.
The decision clarifies that the government may intervene after the seal period if it shows good cause, as authorized by § 3730(c)(3).
Background and question before the Court
The False Claims Act imposes civil liability on any person who presents false or fraudulent claims for payment to the Federal Government.
In this case, the relator, Dr. Jesse Polansky, filed a qui tam action alleging that Executive Health Resources helped hospitals overbill Medicare.
What each side argues
Petitioner (United States ex rel. Polansky)
According to Petitioner (United States ex rel. Polansky), according to Petitioner (United States ex rel. Polansky), the government lacks statutory authority to dismiss a False Claims Act case after declining to proceed with the action.
Government
According to Government, the hearing serves two important purposes.
What happened at oral argument
Justice Kavanaugh asked whether new facts, a new administration, or unforeseen agency burdens could change the case.
According to Justice Kagan, justice Kagan questioned whether the court should limit the status and rights of the relator.
Justice Alito asked what the government could do if it intervened belatedly without limiting the debtor’s status and rights.
Justice Gorsuch asked the standard for a hearing if the government seeks to dismiss the case.
According to Justice Barrett, justice Barrett suggested the standard might be intermediate scrutiny.
According to Justice Sotomayor, justice Sotomayor assumed the government could intervene and dismiss, treating dismissal as a proceeding with the action.
Justice Jackson asked whether legislative history explains the changes discussed.
Justice Alito asked whether the government must do more than simply state its position.
According to Justice Sotomayor, justice Sotomayor raised the issue of political pressure from a senator opposed to suing the defendant.
According to Justice Alito, justice Alito suggested the government should pay the entire bill to the relator and the defendant.
- [1] c82771dd09bdff68ae76-r1-6b6e8792b1c2fe78.pdf, p. 9
- [2] c82771dd09bdff68ae76-r1-6b6e8792b1c2fe78.pdf, p. 24
- [3] c82771dd09bdff68ae76-r1-6b6e8792b1c2fe78.pdf, p. 26
- [4] c82771dd09bdff68ae76-r1-6b6e8792b1c2fe78.pdf, p. 27
- [5] c82771dd09bdff68ae76-r1-6b6e8792b1c2fe78.pdf, p. 33
- [6] c82771dd09bdff68ae76-r1-6b6e8792b1c2fe78.pdf, p. 38
- [7] c82771dd09bdff68ae76-r1-6b6e8792b1c2fe78.pdf, p. 46
- [8] c82771dd09bdff68ae76-r1-6b6e8792b1c2fe78.pdf, p. 66
- [9] c82771dd09bdff68ae76-r1-6b6e8792b1c2fe78.pdf, p. 69
- [10] c82771dd09bdff68ae76-r1-6b6e8792b1c2fe78.pdf, p. 90
What the Court decided
Section 3730(c)(2)(A) permits the government to dismiss the action notwithstanding the relator’s objections, provided the relator receives notice of the motion and an opportunity for a hearing.
Under Federal Rule 41, the government was entitled to dismiss the qui tam action, and the Court affirmed the judgment in all respects.
Justice Thomas dissented, arguing that Article II may not permit private relators to represent the United States in FCA suits and that the judgment should be vacated and remanded.
Why it matters
The Court held that Section 3730(c)(2)(A) permits the government to dismiss a qui tam action after providing the relator notice of the motion and an opportunity for a hearing.
The Court affirmed that under Federal Rule 41 the government was entitled to dismiss the qui tam action.
The Court noted that the government may intervene after the seal period if it shows good cause, pursuant to § 3730(c)(3).
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 15cf0ac50e206a4aa433-r1-f2238ca1e79ff267.pdfopinion
- c82771dd09bdff68ae76-r1-6b6e8792b1c2fe78.pdforal argument transcript
Guide generated September 29, 2026. Automated validation accepted this version.