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Supreme Court · Decisions

United States ex rel. Schutte v. Supervalu Inc.

The Court held that the False Claims Act's scienter element, which requires a defendant to "knowingly" give a "false" claim to the government, refers to a defendant's knowledge and subjective beliefs, not refer to what an objectively reasonable person may have known or believed.

598 U.S. 739 · No. 21-1326 · 2022 term · Roberts Court

Decided Jun 1, 2023 · argued Apr 18, 2023

Economic activity · Federal or state consumer protection: typically under the Truth in Lending; Food, Drug and Cosmetic; and Consumer Protection Credit Acts

Majority opinion: Clarence Thomas

The voteMajority

9–09 in the majority, 0 in dissent

No dissent (9–0)

Vacated and remanded. United States ex rel. Schutte won.

What this ruling means

Vacated and remanded: the Supreme Court set aside the decision of the U.S. Court of Appeals, Seventh Circuit, wiping it out without necessarily saying the result was wrong, and sent the case back for that court to decide again under the right legal standard.

United States ex rel. Schutte was the petitioner, the side that asked the Supreme Court to review the case. “Won” means the Court gave that side the result it asked for.

From the Supreme Court Database. A justice who agreed with the result but not the reasoning counts in the majority.

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Summary

The opening of the case’s Wikipedia article: what the case was about and what the Court held.

United States ex rel. Schutte v. Supervalu Inc., 598 U.S. 739 (2023), was a United States Supreme Court case in which the Court held that the False Claims Act's scienter element, which requires a defendant to "knowingly" give a "false" claim to the government, refers to a defendant's knowledge and subjective beliefs, not refer to what an objectively reasonable person may have known or believed.

Read the full article on Wikipedia

Data notes

The text is Wikipedia’s (CC BY-SA 4.0), matched to the case by its citation, docket number or name and year, and is not checked against the opinion. The site keeps the article’s opening section, ending on its last full sentence. The one-sentence summary under the title is the Decisions list’s: Wikipedia’s own ruling sentence, or, tagged “AI-written”, one Claude wrote from this opening.

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How the justices voted

Each justice who took part, placed by their Martin–Quinn ideology score for the 2022 term. Filled: the 9 in the majority. Hollow: the 0 in dissent. Colour is the party of the president who appointed them.

More liberalMore conservativeMedianSotomayorK. JacksonKaganJ. RobertsKavanaughBarrettGorsuchAlitoThomas

Majority(9)

Dissent(0)

  • None.
Data notes

Each justice’s vote and what they wrote are from the justice-centered file of the Supreme Court Database. “Wrote a concurrence” means the justice sided with the majority and wrote separately; a justice who dissented in part is counted on the side they took overall. A justice who wrote nothing is listed as joining their side.

Positions are each justice’s Martin–Quinn score for the case’s term, the same scores as the Ideology page: negative is more liberal, positive more conservative. A score sums up a justice’s votes across the whole term, so it says where they usually sit, not why they voted as they did here. The median line is the Court’s median justice that term.

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The parties

Who brought the case to the Court, who answered it, and how it got there.

Petitioner
United States ex rel. SchutteMedical or Medicaid claimant
Respondent
Supervalu Inc.Druggist, pharmacist, pharmacy
Reached the Court by
Certiorari (the Court chose to hear it)
Data notes

The names are the two sides of the case’s title. The description under each is the Supreme Court Database’s category for that party, in its own wording. The petitioner is the side that asked the Supreme Court to review the decision below. “Why it was taken” appears only when the majority opinion says lower courts disagreed or were unsure about the question; reasons that would fit any case (“to resolve the question presented”, “an important question”) are left out.

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The law at issue

The law the Court was asked to apply, and the kind of power it used to decide.

Provision
Federal False Claims
Kind of law
Federal Statute
Decided by
Statutory construction
Data notes

The Supreme Court Database codes the main constitutional provision, statute or court rule each case turned on, and the basis of the decision: judicial review of a federal or state law, interpreting a statute, supervising the lower courts, and so on. A case can rest on more than one. “Overruled” counts only where the majority opinion says so.

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Timeline

What happened at the Court and how the case got there, newest first.

  1. Jun 1, 2023DecidedDecided · Decided 9–0: vacated and remanded. United States ex rel. Schutte won.
  2. Apr 18, 2023ArguedArgued · Oral argument before the Court.
  3. Not datedTaken upTaken up · The Supreme Court agreed to hear the case (certiorari).
  4. Not datedCourt belowCourt below · Decided by the U.S. Court of Appeals, Seventh Circuit: affirmed.
  5. Not datedBeganBegan · The case began in the Illinois Central U.S. District Court.
Data notes

From the Supreme Court Database: the court the case began in, the court whose decision the Supreme Court reviewed and what that court did, how the case came to the Court, and the dates of argument and decision. The database does not date the steps in the lower courts. Court names are the database’s.

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Other decisions on the same issue

48 other argued cases since 1946 on federal or state consumer protection: typically under the Truth in Lending; Food, Drug and Cosmetic; and Consumer Protection Credit Acts, newest first.

  1. FDA v. Wages and White Lion Investments, LLC145 S. Ct. 898Apr 2, 2025 · 145 S. Ct. 898Economic activity9–0Unanimous band

  2. Royal Canin U.S.A., Inc. v. Wullschleger604 U.S. 22Jan 15, 2025 · 604 U.S. 22Economic activity9–0Unanimous band

  3. Department of Agriculture Rural Development Rural Housing Service v. Kirtz601 U.S. 42Feb 8, 2024 · 601 U.S. 42Economic activity9–0Unanimous band

  4. U.S., ex rel. Polansky v. Executive Health Resources599 U.S. 419Jun 16, 2023 · 599 U.S. 419Economic activity8–18–1 band

  5. Amg Capital Management, LLC v. Federal Trade Commission141 S. Ct. 1341Apr 22, 2021 · 141 S. Ct. 1341Economic activity9–0Unanimous band

  6. Rotkiske v. Klemm140 S. Ct. 355Dec 10, 2019 · 140 S. Ct. 355Economic activity8–18–1 band

  7. Obduskey v. McCarthy & Holthus LLP139 S. Ct. 1029Mar 20, 2019 · 139 S. Ct. 1029Economic activity9–0Unanimous band

  8. Henson v. Santander Consumer USA Inc.137 S. Ct. 1718Jun 12, 2017 · 137 S. Ct. 1718Economic activity9–0Unanimous band

  9. Jesinoski v. Countrywide Home Loans, Inc.574 U.S. 259Jan 13, 2015 · 574 U.S. 259Economic activity9–0Unanimous band

  10. Pom Wonderful LLC v. Coca-Cola Co.573 U.S. 102Jun 12, 2014 · 573 U.S. 102Economic activity8–0Unanimous band

  11. Olivea Marx, Petitioner v. General Revenue Corporation568 U.S. 371Feb 26, 2013 · 568 U.S. 371Economic activity7–27–2 band

  12. Tammy Foret Freeman, et al., Petitioners v. Quicken Loans, Inc.566 U.S. 624May 24, 2012 · 566 U.S. 624Economic activity9–0Unanimous band

  13. Caraco Pharmaceutical Laboratories, Ltd., et al., Petitioners v. Novo Nordisk A/S et al.566 U.S. 399Apr 17, 2012 · 566 U.S. 399Economic activity9–0Unanimous band

  14. Marcus D. Mims, Petitioner v. Arrow Financial Services, LLC565 U.S. 368Jan 18, 2012 · 565 U.S. 368Economic activity9–0Unanimous band

  15. Chase Bank USA, Na., Petitioner v. James A. McCoy, Individually and on Behalf of All Others Similarly Situated562 U.S. 195Jan 24, 2011 · 562 U.S. 195Economic activity9–0Unanimous band

  16. Hemi Group, LLC and Kai Gachupin v. City of New York, New York559 U.S. 1Jan 25, 2010 · 559 U.S. 1Economic activity5–36–3 band

  17. Safeco Insurance Company of America, et al. v. Charles Burr, et al.551 U.S. 47Jun 4, 2007 · 551 U.S. 47Economic activity9–0Unanimous band

  18. Koons Buick Pontiac GMC, Inc. v. Bradley Nigh543 U.S. 50Nov 30, 2004 · 543 U.S. 50Economic activity8–18–1 band

  19. Household Credit Services, Inc. and MBNA America Bank, N. A. v. Sharon R. Pfennig541 U.S. 232Apr 21, 2004 · 541 U.S. 232Economic activity9–0Unanimous band
  20. TRW Inc. v. Adelaide Andrews534 U.S. 19Nov 13, 2001 · 534 U.S. 19Economic activity9–0Unanimous band

  21. Food and Drug Administration, et al. v. Brown & Williamson Tobacco Corporation, et al.529 U.S. 120Mar 21, 2000 · 529 U.S. 120Economic activity5–45–4 band

  22. David R. Beach, et ux. v. Ocwen Federal Bank523 U.S. 410Apr 21, 1998 · 523 U.S. 410Economic activity9–0Unanimous band
  23. National Credit Union Administration v. First National Bank & Trust Co. et al.522 U.S. 479Feb 25, 1998 · 522 U.S. 479Economic activity5–45–4 band

  24. George W. Heintz, et al. v. Darlene Jenkins514 U.S. 291Apr 18, 1995 · 514 U.S. 291Economic activity9–0Unanimous band
  25. United States v. Generix Drug Corp. et al.460 U.S. 453Mar 22, 1983 · 460 U.S. 453Economic activity9–0Unanimous band
  26. American Express Co. v. Koerner452 U.S. 233Jun 8, 1981 · 452 U.S. 233Economic activity9–0Unanimous band
  27. Anderson Bros. Ford et al. v. Valencia et al.452 U.S. 205Jun 8, 1981 · 452 U.S. 205Economic activity5–45–4 band
  28. Ford Motor Credit Co. et al. v. Milhollin444 U.S. 555Feb 20, 1980 · 444 U.S. 555Economic activity9–0Unanimous band
  29. United States et al. v. Rutherford et al.442 U.S. 544Jun 18, 1979 · 442 U.S. 544Economic activity9–0Unanimous band
  30. United States v. Park421 U.S. 658Jun 9, 1975 · 421 U.S. 658Economic activity6–36–3 band

  31. Usv Pharmaceutical Corp. v. Weinberger, Secretary of Health, Education, and Welfare, et al.412 U.S. 655Jun 18, 1973 · 412 U.S. 655Economic activity7–0Unanimous band
  32. Weinberger, Secretary of Health, Education, and Welfare, et al. v. Bentex Pharmaceuticals, Inc., et al.412 U.S. 645Jun 18, 1973 · 412 U.S. 645Economic activity7–0Unanimous band
  33. Ciba Corp. v. Weinberger, Secretary of Health, Education, and Welfare, et al.412 U.S. 640Jun 18, 1973 · 412 U.S. 640Economic activity7–0Unanimous band
  34. Weinberger, Secretary of Health, Education, and Welfare, et al. v. Hynson, Westcott & Dunning, Inc.412 U.S. 609Jun 18, 1973 · 412 U.S. 609Economic activity7–0Unanimous band
  35. Mourning v. Family Publications Service, Inc.411 U.S. 356Apr 24, 1973 · 411 U.S. 356Economic activity5–45–4 band
  36. Perez v. United States402 U.S. 146Apr 26, 1971 · 402 U.S. 146Economic activity8–18–1 band

  37. United States v. an Article of Drug . . . Bacto-Unidisk . . . .394 U.S. 784Apr 28, 1969 · 394 U.S. 784Economic activity8–18–1 band
  38. United States v. Wiesenfeld Warehouse Co.376 U.S. 86Feb 17, 1964 · 376 U.S. 86Economic activity9–0Unanimous band
  39. Federal Trade Commission v. National Casualty Co.357 U.S. 560Jun 30, 1958 · 357 U.S. 560Economic activity9–0Unanimous band
  40. United States v. Allied Oil Corp. et al.341 U.S. 1Apr 9, 1951 · 341 U.S. 1Economic activity7–0Unanimous band
  41. 62 Cases of Jam et al. v. United States340 U.S. 593Mar 26, 1951 · 340 U.S. 593Economic activity7–27–2 band

  42. Reilly, Postmaster, v. Pinkus, Trading As American Health Aids Co., Also Known As Energy Food Center338 U.S. 269Nov 14, 1949 · 338 U.S. 269Economic activity8–0Unanimous band
  43. United States v. Urbuteit335 U.S. 355Nov 22, 1948 · 335 U.S. 355Economic activity5–45–4 band
  44. Kordel v. United States335 U.S. 345Nov 22, 1948 · 335 U.S. 345Economic activity5–45–4 band
  45. Woods, Housing Expediter, v. Stone333 U.S. 472Mar 15, 1948 · 333 U.S. 472Economic activity8–18–1 band
  46. United States v. Sullivan, Trading As Sullivan's Pharmacy332 U.S. 689Jan 19, 1948 · 332 U.S. 689Economic activity6–36–3 band

  47. United States v. Walsh, Trading As Kelp Laboratories331 U.S. 432May 19, 1947 · 331 U.S. 432Economic activity8–18–1 band
  48. United States v. Ruzicka et al., Trading As Seeley Dairy329 U.S. 287Dec 16, 1946 · 329 U.S. 287Economic activity9–0Unanimous band
Data notes

Every other orally argued case with a clear vote, from the 1946 term on, that the Supreme Court Database files under the same issue as this one. The database gives each case one issue from a list of about 270 (abortion, search and seizure of vehicles, the death penalty, and so on), whatever law it turned on.

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Official record

Read the full opinion on Justia, the argument audio on Oyez and Wikipedia. Case data from the Supreme Court Database, Version 2026 Release 01, through the 2025 term.