July 21, 2025

IN LITIGATION

United States ex rel. Penelow v. Janssen Products

On July 21, 2025, WLF asked the Third Circuit to reverse a district court decision and declare the False Claims Act’s qui tam provisions unconstitutional. In its amicus brief urging reversal, WLF argues that the FCA’s qui tam provisions violate the Constitution’s Vesting, Appointments, and Take Care Clauses by delegating enforcement power to unaccountable relators driven by financial bounties rather than the public interest. As WLF’s brief clarifies, only the Executive, answerable to the people, may enforce federal law and uphold the constitutional balance. 

Documents

WLF amicus brief