False Claims, Real Reforms: Fortifying the FCA in the Face of Article II Scrutiny

iii. Removal Beyond Morrison 85 VI. Conclusion 90Florida is the only federal court to declare the FCA unconstitutional under Article II. 9Zafirov represents an existential threat to the FCA and the government's ability to fight fraud.FCA relators suing under the Act's qui tam provisions undeniably play an important role in fighting fraud on the government, saving taxpayer money, and preserving the efficacy of government programs in the process. 10 If the Supreme Court were to eventually adopt Zafirov's reasoning and strike down the FCA's qui tam provisions, fraud and waste would almost certainly increase, while recoveries from fraud on government programs would decrease. 11his article takes the position that even from a broad view of presidential power, the FCA is constitutional in its current form.Although in light of the district court opinion in Zafirov, we entertain scenarios in which appellate courts, including the Supreme Court, might find Article II violations.Ultimately, we use these scenarios to contemplate legislative reforms that could shield the FCA from constitutional scrutiny while 9 See, e.g., Brief for Defendants-Appellees/Cross-Appellants, United States ex rel.