Whistleblower Law Strike-Down Would Force Allies to Get Creative

False Claims Act attorneys are considering a worst-case scenario for whistleblowers as they track a case that will decide if the anti-fraud law’s qui tam rules violate the US Constitution.

The US Court of Appeals for the Eleventh Circuit is reviewing whether the FCA’s provisions allowing whistleblowers to fight fraud on the government’s behalf violate the appointments clause in Article II.

Many FCA attorneys believe a trip to the US Supreme Court is inevitable, as Justice Brett Kavanaugh signaled a desire to revisit constitutionality questions regarding the qui tam provisions in a separate ruling Feb. 21; he and Justice Clarence ...