Page:U.S. ex rel. Polansky v. Executive Health Resources.pdf/37

Rh In any event, these are complex questions, which I would leave for the parties and the court below to consider after resolving the statutory issues that have been the focus of this case up to now. Therefore, I would vacate the judgment below granting the Government’s motion to dismiss and remand for the Third Circuit to consider the correct disposition of that motion in light of any applicable constitutional requirements.