U.S. ex rel. Zafirov v. Florida Medical Associates

On September 1, 2026, the Eleventh Circuit vacated a Middle District of Florida decision declaring the False Claims Act’s qui tam provisions unconstitutional under the Appointments Clause. The appeals court held that qui tam relators are not officers of the United States because they do not occupy a continuing position established by law. The court remanded the case for the district court to consider the defendant’s remaining constitutional arguments—whether the qui tam provision violates the Take Care Clause and the vesting Clause. In its amicus brief urging affirmance, WLF explained why only the executive branch is empowered to represent the interests of the United States in litigation. Congress cannot delegate that power to private actors.