The Eleventh Circuit Revives FCA Qui Tam Enforcement—but the Constitutional Fight Is Not Over

The Eleventh Circuit has vacated the district court ruling that declared the False Claims Act’s qui tam provisions unconstitutional under the Appointments Clause. The court held that whistleblower relators are not Officers of the United States. Other Article II challenges remain unresolved, but contractors should assume private FCA enforcement remains a significant and continuing compliance risk.