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Jason Workmaster Comments on Court Ruling FCA Whistleblower Provisions Unconstitutional in Bloomberg Law

Subtitle
"Fraud Law's Whistleblower Portions Ruled Unconstitutional (2)"

Bloomberg Law

Jason Workmaster commented on a Florida federal district court's dismissal of a Medicare fraud lawsuit, which ruled that the whistleblower provisions of the False Claims Act (FCA) violate the Appointments Clause of the U.S. Constitution. Judge Kathryn Kimball Mizelle stated that whistleblowers, or "relators," function as unaccountable officers of the U.S. by self-appointing themselves and exercising executive power without proper oversight. This decision referenced a U.S. Supreme Court case where Justices Clarence Thomas, Brett Kavanaugh, and Amy Coney Barrett questioned Congress's authority to authorize whistleblower suits. Workmaster noted that the ruling "is not surprising" given the justices' recent statements but he added that "it remains an open question whether a majority of the Supreme Court will agree with that conclusion."