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SCARBOROUGH v. PRINCIPI

No. 02-1657.

541 U.S. 401 (2004)

SCARBOROUGH v. PRINCIPI, SECRETARY OF VETERANS AFFAIRS.

Supreme Court of United States.

Decided May 3, 2004.

Attorney(s) appearing for the Case

Brian Wolfman argued the cause for petitioner. With him on the briefs were Scott L. Nelson, Alan B. Morrison, and Peter J. Sarda.

Jeffrey P. Minear argued the cause for respondent. On the brief were Solicitor General Olson, Assistant Attorney General Keisler, Deputy Solicitor General Clement, Austin C. Schlick, William Kanter, August E. Flentje, and Tim S. McClain.

GINSBURG, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, KENNEDY, SOUTER, and BREYER, JJ., joined. THOMAS, J., filed a dissenting opinion, in which SCALIA, J., joined, p. 423.

JUSTICE GINSBURG delivered the opinion of the Court.

The Equal Access to Justice Act (EAJA or Act) departs from the general rule that each party to a lawsuit pays his or her own legal fees. See Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 257 (1975). Relevant here, EAJA authorizes the payment of fees to a prevailing party in an action against the United States...

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