768
Opinion of the Court
Justice Scalia delivered the opinion of the Court. This case presents the question whether a private individual may bring suit in federal court on behalf of the United States against a State (or state agency) under the False Claims Act, 31 U. S. C. §§ 3729-3733.
I
Originally enacted in 1863, the False Claims Act (FCA) is the most frequently used of a handful of extant laws creating a form of civil action known as qui tam.1 As amended, the
R. Bierig, Paul E. Kalb, Michael L. Ile, Anne M. Murphy, and Leonard A. Nelson; for the American Petroleum Institute by Donald B. Craven, Clarence T. Kipps, Jr., Alan I. Horowitz, and Peter B. Hutt II; for FMC Corporation by Donald B. Ayer, Gregory G. Katsas, and John B. Kennedy; for the National Governors' Association et al. by Richard Ruda and James I. Crowley; for the Orleans Parish School Board et al. by Sam A. LeBlanc III and Robert Markle; for the Regents of the University of Minnesota et al. by Mark B. Rotenberg and Mark A. Bohnhorst.
Briefs of amici curiae urging affirmance were filed for the National WhistleBlower Center by Stephen M. Kohn, Michael D. Kohn, and David K. Colapinto; and for Taxpayers Against Fraud by Evan H. Caminker and Jonathan S. Massey.
Briefs of amici curiae were filed for the Aerospace Industries Association of America, Inc., by Charles G. Cole, Jerald S. Howe, Jr., and Shannen W. Coffin; for the American Clinical Laboratory Association by Hope S. Foster; for the Chamber of Commerce of the United States of America et al. by Herbert L. Fenster, Stephen A. Bokat, and Robin S. Conrad; for the Federation of American Health Systems by Walter E. Dellinger and Charles R. Work; for Friends of the Earth et al. by James S. Chandler, Jr., Bruce J. Terris, and Carolyn Smith Pravlik; for the National Employment Lawyers Association by Frederick M. Morgan, Jr., James B. Helmer, Jr., and Paula A. Brantner; for the Project on Government Oversight by Charles Tiefer and Jonathan W. Cuneo; and for Taxpayers Against Fraud by Evan H. Caminker and Vicki C. Jackson.
1 Qui tam is short for the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur, which means "who pursues this action on our Lord the King's behalf as well as his own." The phrase dates from at least the time of Blackstone. See 3 W. Blackstone, Commentaries *160.
Three other qui tam statutes, all also enacted over 100 years ago, remain on the books. See 25 U. S. C. § 81 (providing cause of action and
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