Page:U.S. ex rel. Polansky v. Executive Health Resources.pdf/11

Rh that power so long as it intervened sometime later. See 17 F. 4th 376, 383–388 (2021). And here, the Third Circuit found, the Government had satisfied that condition because its motion to dismiss was reasonably construed to include a motion to intervene, which the District Court had implicitly granted. See id., at 392–393. Second, what standard should a district court use in ruling on a Subparagraph (2)(A) motion to dismiss? The Court of Appeals held that the proper standard comes from Federal Rule 41(a)—the rule governing voluntary dismissals in ordinary civil litigation. See id., at 389–391. And here, the Third Circuit ruled, the District Court’s decision, which was based on a “thorough examination” of the interests that Rule 41 makes relevant, was not an abuse of discretion. Id., at 393.

Because both those questions have occasioned circuit splits, we granted certiorari. 596 U. S. ___ (2022); see 17 F. 4th, at 384, n. 8, 388 (outlining the splits). We now affirm the Third Circuit across the board.

To show why the Third Circuit is right on the first question presented—about when the Government can make what we’ll call a (2)(A) motion—we proceed in two stages, corresponding to two sets of arguments. None of the parties here agrees with the Third Circuit. On the one side, the Government and EHR contend that a (2)(A) motion is {{rule|5em|align=left]}{{smallrefs}}