Editing False Claims Act of 1863 (section)

==''ACLU et al. v. Holder''==

In 2009, the [[American Civil Liberties Union]] (ACLU), [[Government Accountability Project]] (GAP) and [[OMB Watch]] filed suit against the Department of Justice challenging the constitutionality of the "seal provisions" of the FCA that require the whistleblower and the court to keep lawsuits confidential for at least 60 days.  The plaintiffs argued that the requirements infringe the [[First Amendment]] rights of the public and the whistleblower, and that they violate the [[separation of powers]], since courts are not free to release the documents until the executive branch acts.<ref>Melissa Maleske for Inside Counsel.  July 1, 2009. [http://www.insidecounsel.com/2009/07/01/false-claims-act-procedures-go-to-court False Claims Act Procedures Go to Court] {{Webarchive|url=https://web.archive.org/web/20150924035152/http://www.insidecounsel.com/2009/07/01/false-claims-act-procedures-go-to-court |date=2015-09-24 }}</ref>   The government moved for dismissal, and the district court granted that motion in 2009.<ref>District Judge Liam O'Grady August 21, 2009. [http://law.justia.com/cases/federal/district-courts/virginia/vaedce/1:2009cv00042/238410/39 American Civil Liberties Union et al v. Mukasey et al - Document 39. Decision]</ref>  The plaintiffs appealed, and in 2011 their appeal was denied.<ref>The Jurist. March 29, 2011 [http://jurist.org/paperchase/2011/03/us-court-of-appeals-upholds-secrecy-provision-of-federal-whistleblower-law.php Federal appeals court upholds secrecy provision of whistleblower law]</ref>