Supreme Court Justices Signal New Interest in Constitutional Challenges to Qui Tam Suits
Recent developments in the U.S. legal landscape have reignited interest in the constitutional challenges to qui tam suits under the False Claims Act (FCA). These suits allow private individuals, known as relators, to file actions on behalf of the government against entities accused of defrauding federal programs. Historically, the constitutionality of this mechanism has been questioned, particularly regarding its alignment with the Take Care Clause and the Appointments Clause of the U.S. Constitution. The Fifth Circuit previously ruled that allowing qui tam actions without government intervention could undermine the President's constitutional duties. However, this decision was reversed, with the court finding that the Executive retains significant control over such litigation. Recently, Supreme Court Justices Clarence Thomas, Brett Kavanaugh, and Amy Coney Barrett have expressed concerns about the constitutionality of qui tam provisions, suggesting that these issues warrant further examination by the Supre... 
