FCA At A Crossroads: Eleventh Circuit Case Could Upend Qui Tam Actions

Key Takeaways

• Eleventh Circuit Hears Landmark Qui Tam Appeal: The Eleventh Circuit heard oral argument in United States ex rel. Zafirov, an appeal from a district court decision holding the FCA's qui tam provisions unconstitutional under Article II — an unprecedented ruling that has generated significant national attention.
• A Highly Engaged Judicial Panel: Throughout the argument, the panel posed extensive questions to all parties regarding the historical roots of qui tam actions and the scope of executive authority, making it unmistakably clear the court is taking the constitutional challenge very seriously and that the court may address a broader range of constitutional issues beyond the Appointments Clause.