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Trump’s Spring Cleaning – Executive Order Targets Agencies to Improve "Efficiency, Effectiveness, and Accountability"

Client Alert | 1 min read | 03.15.17

On March 13, 2017, the Trump Administration issued an executive order for a “comprehensive plan for reorganizing the executive branch[,]” which, according to its text, “is intended to improve the efficiency, effectiveness, and accountability of the executive branch….” To this end, the Order directs agency heads, within 180 days of the date of the order, to submit to the Director of the Office of Management and Budget “a proposed plan to reorganize the agency, if appropriate, in order to improve the efficiency, effectiveness, and accountability of that agency.” The OMB Director, in turn, must “propose a plan to reorganize governmental functions and eliminate unnecessary agencies…, components of agencies, and agency programs.” Notably, the OMB Director must “publish a notice in the Federal Register inviting the public to suggest improvements in the organization and functioning of the executive branch,” and must consider such suggestions when formulating the aforementioned plan.

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Client Alert | 5 min read | 12.12.25

Eleventh Circuit Hears Argument on False Claims Act Qui Tam Constitutionality

On the morning of December 12, 2025, the Eleventh Circuit heard argument in United States ex rel. Zafirov v. Florida Medical Associates, LLC, et al., No. 24-13581 (11th Cir. 2025). This case concerns the constitutionality of the False Claims Act (FCA) qui tam provisions and a groundbreaking September 2024 opinion in which the United States District Court for the Middle District of Florida held that the FCA’s qui tam provisions were unconstitutional under Article II. See United States ex rel. Zafirov v. Fla. Med. Assocs., LLC, 751 F. Supp. 3d 1293 (M.D. Fla. 2024). That decision, penned by District Judge Kathryn Kimball Mizelle, was the first success story for a legal theory that has been gaining steam ever since Justices Thomas, Barrett, and Kavanaugh indicated they would be willing to consider arguments about the constitutionality of the qui tam provisions in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). In her opinion, Judge Mizelle held (1) qui tam relators are officers of the U.S. who must be appointed under the Appointments Clause; and (2) historical practice treating qui tam and similar relators as less than “officers” for constitutional purposes was not enough to save the qui tam provisions from the fundamental Article II infirmity the court identified. That ruling was appealed and, after full briefing, including by the government and a bevy of amici, the litigants stepped up to the plate this morning for oral argument....