Posted October 2, 2024Oct 2 comment_86702 I found this blurb a few moments ago. Quote U.S. District Judge Kathryn Mizelle on Monday deemed unlawful so-called qui tam enforcement of the False Claims Act, an 1863 law passed in response to defense contractor fraud during the Civil War. The qui tam provision lets private parties bring suits on behalf of the government. Case No: 8:19-cv-01236-KKM-SPF
October 2, 2024Oct 2 comment_86706 Hmm. Fascinating. Quote Zafirov’s argument turns on whether the foregoing history requires a departure from the Supreme Court’s well-settled Article II jurisprudence. It does not. When the Constitution is clear, no amount of countervailing history overcomes what the States ratified. See Rahimi, 144 S. Ct. at 1912 n.2 (Kavanaugh, J., concurring); id. at 1908 (Gorsuch, J., concurring); Polansky, 599 U.S. at 450 (Thomas, J., dissenting); N.L.R.B. v. Noel Canning, 573 U.S. 513, 573, 613–14 (2014) (Scalia, J., concurring in the judgment, joined by Roberts, C.J., Thomas, and Alito, JJ.). Gonna put a stop to a lot of FCA cases if this decision is upheld.
October 2, 2024Oct 2 Author comment_86709 I found the SCOTUS case too. UNITED STATES ex rel. POLANSKY v. EXECUTIVE HEALTH RESOURCES, INC.
October 3, 2024Oct 3 comment_86722 What is qui tam? https://kkc.com/frequently-asked-questions/what-is-qui-tam/ False Claims Act Settlements and Judgments Exceed $2.68 Billion in Fiscal Year 2023 https://www.justice.gov/opa/pr/false-claims-act-settlements-and-judgments-exceed-268-billion-fiscal-year-2023 Rules for whistleblowers https://kkc.com/rules-for-whistleblowers/
