Page:U.S. ex rel. Polansky v. Executive Health Resources.pdf/3

Rh “Rights of the Parties” and contains four relevant paragraphs. Paragraph 1 states that it applies only “[i]f the Government proceeds with the action”—something that the parties agree cannot happen unless the Government intervenes. And the paragraph concludes by stating that the relator may continue as a party, “subject to the limitations set forth in paragraph (2).” It thus states that when the Paragraph 1 situation obtains, the relator’s role will be limited in the ways set out in Paragraph 2. And the Paragraph 1 situation obtains only when the Government has intervened. So that is also when Paragraph 2’s provisions (including the one about dismissal) kick in. In other words, the express intervention prerequisite of Paragraph 1 carries forward into Paragraph 2 through the “subject to” clause connecting the two. Only when Paragraphs 3 and 4 are reached does the necessity of intervention drop away, as those paragraphs (unlike Paragraph 2) specify the circumstances in which they apply: Paragraph 3 applies when “the Government elects not to proceed,” and Paragraph 4 applies “[w]hether or not the Government proceeds.” And just to pile on a bit, the Government’s alternative construction creates surplusage twice over, violating the interpretive principle that “every clause and word of a statute” should have meaning. Montclair v. Ramsdell, 107 U. S. 147, 152. So absent intervention, Paragraph 2 does not apply, and the Government cannot file a motion to dismiss. Pp. 8–10.

Polansky’s contrary argument mainly relies on Paragraph 3, which provides that a court approving the Government’s post-seal-period intervention motion may not “limit[] the status and rights” of the relator. That clause, Polansky argues, prevents the court from giving the Government “primary responsibility” over the suit, including the power to dismiss. But on Polansky’s reading, the Paragraph 3 clause would effectively negate Paragraphs 1 and 2. The Government, even though now “proceed[ing]” with the case, would not acquire the control that