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