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ASTRUE v. RATLIFF

No. 08-1322.

130 S.Ct. 2521 (2010)

560 U.S. 586

Michael J. ASTRUE, Commissioner of Social Security, Petitioner, v. Catherine G. RATLIFF.

Supreme Court of United States.

Decided June 14, 2010.

Attorney(s) appearing for the Case

Anthony Yang, Washington, DC, for petitioner.

James D. Leach, Rapid City, SD, for respondent.

Elena Kagan, Solicitor General, Counsel of Record, Department of Justice, Washington, D.C., for petitioner.

Scott L. Nelson, Public Citizen Litigation Group, Washington, DC, Stephen S. Kinnaird, Panteha Abdollahi, Paul, Hastings, Janofsky & Walker LLP, Washington, DC, James D. Leach, Counsel of Record, Rapid City, SD, Stephanos Bibas, University of Pennsylvania Law School, Supreme Court Clinic, Philadelphia, PA, for respondent.

Elena Kagan, Solicitor General, Counsel of Record, Tony West, Assistant Attorney General, Malcolm L. Stewart, Deputy Solicitor General, Anthony A. Yang, Assistant to the Solicitor General, William Kanter, Michael E. Robinson, Attorneys, Department of Justice, Washington, D.C., for petitioner.

Justice THOMAS delivered the opinion of the Court.

Section 204(d) of the Equal Access to Justice Act (EAJA), codified in 28 U.S.C. § 2412(d), provides in pertinent part that "a court shall award to a prevailing party... fees and other expenses ... in any civil action ... brought by or against the United States ... unless the court finds that the position of the United States was substantially justified." We consider whether an award of "fees and other expenses...

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