Under the United States False Claims Act, a whistleblower can sue a corporation for defrauding the federal government and she or he can continue the lawsuit on behalf of the federal government even after the government chooses not to intervene in the litigation. The U.S. Supreme Court specifically upheld the False Claims Act as constitutional in 2000.

This week, Intermountain Medical Center, a defendant in a False Claims Act suit being litigated by a whistleblower, petitioned the U.S. Supreme Court to revisit its decision on the constitutionality of the False Claims Act. Specifically, they are asking the Supreme Court to hold that the False Claims Act is unconstitutional because it violates the Constitution’s Appointments Clause by allowing whistleblowers to litigate on behalf of the executive branch.

The Department of Justice has long defended the Act as being constitutional.

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