There’s “no conflict” between the FCA and Article II, said Diego A. Zambrano, professor of law at Stanford University.

Qui tam suits “were legion before, during, and after the founding,” Zambrano said. “No one thought this was an intrusion into executive power.”

Zambrano, with others, submitted an amicus brief in support of the whistleblower in United States ex rel. Taylor v. Healthcare Assocs. of Texas LLC, where the Fifth Circuit is reviewing whether Article II requires throwing out a $16.5 million Medicare fraud judgment.