Escobar The Sequel? — Perhaps Coming Soon to SCOTUS
The Supreme Court has called for the views of the Solicitor General as to whether it should review the Ninth Circuit’s decision in Gilead Sciences, Inc. v. United States ex rel. Campie. This may indicate the Court’s willingness to provide clarification to Escobar’s materiality standard.
When the Court calls for the views of the Solicitor General, it is very likely to grant review of a case; the number of justices required for a CVSG is the same number required to review the case.
They add that “at a minimum, it will provide a window into the government’s take on this thorny issue and force the SG to address the growing split among the circuits.”
