Case Updates
Eleventh Circuit holds that the qui tam provisions of the False Claims Act do not violate Article II's Appointments Clause and that relators are not officers of the United States because they do not occupy a continuing position established by law
September 01, 2026
U.S. Chamber files amicus brief urging Eleventh Circuit to affirm district court decision holding that the False Claims Act’s qui tam provisions are unconstitutional
March 17, 2025
The brief explains that the qui tam provisions violate the Vesting Clause, the Appointments Clause, and the Take Care Clause of Article II of the Constitution, and that historical practice cannot salvage the provisions’ affront to Article II.
Steven A. Engel and Michael H. McGinley of Dechert LLP, as well as J. Carter Andersen and Harold Douglas Holder III of Bush Ross, P.A., served as outside counsel.