Since 1986, whistleblowers have been in the forefront of the government’s war on fraud, accounting for $53 billion, or more than 70%, of the $75 billion recovered from swindlers on defense contracts, from Medicare and from other federal programs.

There’s no debate over what’s driving this record: It’s a 1986 federal law that awards whistleblowers up to 30% of the recovery. For the federal government, this is a bargain. Without the law, the government might never even know about most of the $75 billion in fraud that was unearthed.

That makes the law “one of the government’s top fraud-fighting tools,” says James King, a spokesman for the Anti-Fraud Coalition, a Washington watchdog group.

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Without the qui tam, the federal government often would never find out about the fraud at all.

— Leonardo Cuello, Georgetown University

So perhaps it’s unsurprising that a Trump-appointed judge in Florida has just declared a key provision of the law unconstitutional. The provision concerns so-called qui tam actions, in which private litigants bring lawsuits on behalf of the government as well as themselves. (The Latin term came to us via old English law.)

The ruling came from federal Judge Kathryn Kimball Mizelle, whom Trump named to the bench in 2020 despite her having been labeled “not qualified” by the American Bar Assn. due to her “lack of meaningful trial experience.” She did, however, boast a sterling right-wing legal pedigree, including service as a law clerk to...

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