Supreme Court Gives DOJ Power to Dismiss Whistleblower Lawsuits

Supreme Court Justice Elena Kagan stands for a group photograph of the justices at the Supreme Court in Washington on April 23, 2021. Erin Schaff/Pool/AFP via Getty Images

The Supreme Court ruled 8–1 that the U.S. Department of Justice is allowed to seek dismissal of a whistleblower lawsuit despite the objections of a whistleblower who has a financial interest in the outcome of the lawsuit.

Justice Elena Kagan wrote the court’s majority opinion (pdf) in United States ex rel. Polansky v. Executive Health Resources Inc. (court file 21-1052). Justice Clarence Thomas filed a dissenting opinion.