The FCA Sky Won’t Fall if Qui Tam Provisions are Unconstitutional

Arnold & Porter – With post-Polansky constitutional challenges like U.S. ex rel. Zafirov v. Florida Medical Associates LLC and U.S. ex rel. Shepherd v. Fluor Corporation already brewing, it seems only a matter of time before the Supreme Court decides the fate of the False Claims Act’s (FCA) qui tam provisions. And with three sitting justices having already signaled directly, and a fourth indirectly, that the qui tam device may be at odds with Article II, the chances aren’t slight that we may shortly live in a world without relators.

Source:

• Arnold & Porter Kaye Scholer, LLP: The FCA Sky Won’t Fall if Qui Tam Provisions are Unconstitutional