A lawsuit currently pending in the U.S. District Court for the Eastern District of Virginia seeks to have most the Federal False Claims Act declared unconstitutional. The previously addressed the necessity of the seal in qui tam litigation, and the numerous interests served by requiring qui tam relators to file their cases under seal. In addition to the practical reasons, there are a number of very sound legal reasons why the complaint should be dismissed, and I am sure DOJ’s brief will state them very well.
A number of amicus briefs are expected as well–stay tuned for more.