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Analysis

How Supreme Court Conservatives Have Shaped The FCA

Law360 (May 17, 2019, 5:38 PM EDT) -- The U.S. Supreme Court’s latest False Claims Act ruling didn’t just decide how much time whistleblowers have to launch fraud cases — it added to a long line of FCA opinions written by right-leaning justices, who have authored virtually all of the high court’s modern FCA precedent.

The May 13 ruling on the FCA’s statute of limitations was penned by Justice Clarence Thomas, who has written at least six FCA opinions since the late 1990s. Other conservative justices have written almost all of the additional opinions focused on FCA interpretation during the law’s modern history, which dates to 1986.

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