Eleventh Circuit Upholds Qui Tam Mechanism Against Appointments Clause Challenge
The Eleventh Circuit Court of Appeals has rejected an argument that the False Claims Act's (FCA) qui tam mechanism violates the Constitution's Appointments Clause. This decision, made in the Zafirov case, overturns a district court ruling that had found FCA qui tams unconstitutional. The district court had argued that relators (private citizens who bring lawsuits on behalf of the government) qualify as 'Officers of the United States' and therefore must be presidentially appointed, which they are not. The Eleventh Circuit, aligning with other circuits that have addressed FCA constitutionality, determined that relators are not 'Officers of the United States' because they do not occupy a continuing position established by law. The court applied Supreme Court precedent, examining factors such as whether the position has permanent tenure, receives continuing emolument, and if duties continue even if the person changes. The Eleventh Circuit found that a relator's tenure is not permanent, their compensation is no... 
