Topic: he qui tam portions of the fca do not violate the constitut… · Go Syfert
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Topic #1614

4 canonical passages across 4 cases, quoted by 18 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Riley v. St. Luke's Episcopal Hospital.

#Case FlagCanonical passage Citers
1 Riley v. St. Luke's Episcopal Hospital Anchor
ca5 · 1999
green “he qui tam portions of the fca do not violate the constitutional doctrine of separation of power by impinging upon the executive's constitutional duty to take care that the laws are faithfully executed under article ii of the constitution.” 5
2 United States of America, Ex Rel. Taxpayers Against Fraud and Chester L. Walsh v. General Electric Company
ca6 · 1995
green “the qui tam provisions adopted by congress do not contradict the constitutional principle of separation of powers.” 5
3 Auffmordt v. Hedden
scotus · 1890
green “his position is without tenure, duration, continuing emolument, or continuous duties, and he acts only occasionally and temporarily. therefore, he is not an 'officer' within the meaning of the clause of the constitution referred to.” 4
4 United States of America, Ex Rel. Kevin G. Kelly v. The Boeing Company
ca9 · 1993
green “he executive branch exercises at least an equivalent amount of control over qui tam relators as it does over independent counsels. thus, the fca gives the attorney general sufficient means of controlling or supervising relators to satisfy separation of powers concerns.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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