Third Circuit Considers Constitutionality of False Claims Act Qui Tam Provisions

Morgan Lewis – A US Court of Appeals for the Third Circuit panel heard oral argument on March 18, 2026, in an appeal of a 2025 District of New Jersey decision upholding a jury verdict in favor of qui tam relators, presenting an opportunity for the Circuit to weigh in on the closely watched question of whether the qui tam provisions of the False Claims Act are unconstitutional under Article II’s Appointments, Vesting, and Take Care Clauses.