David Rhinesmith

December 05, 2024 | New York Law Journal

The decision in Zafirov marks the first successful Article II challenge to the qui tam provision, but it is not entirely a surprise. Three members of the U.S. Supreme Court—Justices Clarence Thomas, Amy Coney Barrett and Brett Kavanaugh—recently telegraphed their willingness to examine the constitutionality of the qui tam provision under the Appointments Clause.

By Joseph Walker and David Rhinesmith and Daniel R. Alonso

8 minute read