Plain-English summary
Court will decide when the Equal Access to Justice Act requires the government to pay lawyers’ fees
The Court will decide the scope of the Equal Access to Justice Act (EAJA), which directs courts to award fees and costs to a prevailing party in civil actions against the federal government except in certain circumstances. The central question is how broadly EAJA’s fee-shifting rule applies in non-tort civil suits by or against the United States.
Why this matters
EAJA fee awards can reduce the cost of suing the federal government and affect who can afford to bring or defend cases. A broad reading would make it easier for litigants to recover attorney’s fees in many kinds of suits against the government; a narrower reading would limit fee recovery and could deter some claims. The ruling will influence immigration, social-benefits, administrative-law, and other disputes involving government parties where fees are often sought.
Who may feel it
- Individuals and organizations suing or defending suits involving the federal government
- Immigration respondents and detainees challenging government action
- Public-interest groups and private lawyers who litigate government actions
- Federal agencies and taxpayers (through potential fee liabilities)