
A first appellate circuit judge has questioned the False Claim Act’s constitutionality. In the Fifth Circuit’s decision last month in United States ex rel Montcrief v. Peripheral Vascular Assocs., P.A., No. 24-50176, — F. 4th –, 2025 WL 939890 (5th Cir. Mar. 28, 2025), Judge Stuart Kyle Duncan separately wrote a concurring opinion to express skepticism regarding the constitutionality of the qui tam provision of the False Claims Act. Adding to a decision issued by a Florida federal district court last fall, Judge Duncan said that the qui tam provision of the False Claims Act violates the Appointments Clause of the Constitution because it allows private citizens to exercise the power of the executive branch despite not being appointed or confirmed as an officer of the United States.