Vermont Agency of Natural Resources v. United States ex rel. Stevens

Summary

The Court, in an opinion by Justice Scalia joined by Chief Justice Rehnquist and Justices O'Connor, Kennedy, Thomas, and Breyer, held that a False Claims Act qui tam relator has Article III standing as a partial assignee of the United States' damages claim, but that States and state agencies are not subject to liability in such private actions. The Court resolved the statutory issue before the Eleventh Amendment defense and left that constitutional question open. Justice Breyer separately stated that he joined both the Court's opinion and Justice Ginsburg's opinion. Justice Ginsburg, joined by Justice Breyer, concurred in the judgment, agreeing with relator standing and the absence of a clear statement authorizing private suits against States, while emphasizing that suits brought by the United States itself remained an open question. Justice Stevens, joined by Justice Souter, dissented, concluding that the statutory text and history included States and that sovereign immunity did not bar the action.