United States ex rel. Polansky v. Executive Health Resources/Opinion of Justice Kavanaugh
SUPREME COURT OF THE UNITED STATES
No. 21–1052
UNITED STATES, EX REL. JESSE POLANSKY, M.D., M.P.H., PETITIONER v. EXECUTIVE HEALTH RESOURCES, INC., ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
[June 16, 2023]
Justice Kavanaugh, with whom Justice Barrett joins, concurring.
I join the Court’s opinion in full. I add only that I agree with Justice Thomas that “[t]here are substantial arguments that the qui tam device is inconsistent with Article II and that private relators may not represent the interests of the United States in litigation.” Post, at 7–8 (dissenting opinion). In my view, the Court should consider the competing arguments on the Article II issue in an appropriate case.