Wednesday, February 02, 2005

Defending Acts of Congress

Baseball Crank (a Harvard Law grad) analyzes a recent D.C. Circuit decision that considers whether the government might be liable for attorneys' fees because its position was not "substantially justified," even when that position was merely to argue on behalf of the constitutionality of an act of Congress.

Stuart Buck


Anonymous Anonymous said...

<cheek contents="tongue">They could sue Congress for negligent law passage if they ever had to pay up. </cheek>
Makes you wonder how bad laws are supposed to get struck from the books if no one should defend them.

1:03 PM  
Blogger P. G. said...

Uh, have you seen some of the laws that have come out of congress in the last 20 years or so? Or even further back? The line-item veto comes to mind.

8:02 AM  
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