The Bottom Line

• A ruling that the False Claims Act’s qui tam provisions don’t violate the US Constitution marks the latest chapter in a series of challenges to the mechanism’s constitutionality.
• Qui tam lawsuits have soared in recent decades leading to big recoveries of taxpayer funds, but vastly more unsuccessful and protracted cases.
• Qui tam introduces uncertainty around oversight, incentives, and limits of public authority.

For decades, the False Claims Act has been celebrated as one of the federal government’s most effective fraud-fighting tools, helping to recover billions in taxpayer funds. But this mechanism has recently come under scrutiny, with critics questioning whether allowing private individuals to litigate on behalf of the US violates the Constitution.

In an October 2025 ruling in United States ex rel. Heath v. Wisconsin Bell, Judge Lynn Adelman of the US District Court for the Eastern District of Wisconsin reaffirmed the constitutionality of the provision following an earlier opposing ruling from the district court.

This case is just one of several in the last decade exploring the fundamental question of whether the qui tam mechanism is constitutional? In recent years, several courts and justices have suggested the FCA’s qui tam structure may violate Article II of the Constitution,...

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