Supreme Court hears argument in Graham County case, discovers that the public disclosure bar is a mess

by Ben Vernia | November 30th, 2009

Justice Scalia is almost always talkative during oral argument, but he frequently speaks for a minority (or a slim majority) of justices. Today, however, he seems to have captured the prevailing mood well when he described the public disclosure bar of the False Claims Act as a “terrible test,” and asked the attorney for the relator, Mark Hurt, what ruling the Court could provide in the case that would most encourage the US to amend what he characterized as a “random” public disclosure bar. The provision a

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