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Wednesday, January 21, 2026

‘Seems Significant’: 11th Circuit Probes Constitutionality of FCA Whistleblower Provisions - Law.com

A federal appellate court Friday weighed a constitutional challenge Friday to False Claim Act’s provisions that allow private whistleblowers to bring civil lawsuits on the government’s behalf—a case being closely watched for its possible impact on future FCA litigation and potential for Supreme Court review.

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The panel asked what affect the justices' rulings in United States v. Skrmetti and Medina v. Planned Parenthood have in a challenge to a West Virginia policy excluding "transsexual surgeries" from Medicaid coverage.

"The purpose of this administrative stay is to give the court sufficient opportunity to consider the motion for stay pending appeal and should not be construed in any way as a ruling on the merits of that motion," the U.S. Court of Appeals for the D.C. Circuit said in an unsigned order allowing...



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