A recent BLT Blog post, “House Votes to Stop ‘Equal Access of Justice’ Fees” reports that the Republican controlled U.S. House of Representatives voted last Thursday for a proposal that would temporarily halt payments of attorney fees to prevailing litigants in lawsuits filed against the federal government.  Under the Equal Access to Justice Act (EAJA) of 1980, individuals, small businesses, non-profits, and others can collect attorney fees from the federal government if they prevail in a case and meet certain other requirements, such as a falling below a net worth ceiling.

Rep. Cynthia Lummis (R-Wyo.), the sponsor of the amendment, called the 1980 law a “very fair law.”  But she said the payments should stop because there’s no centralized information about which lawyers and plaintiffs are getting the fee awards.  Democrats, making an appeal to Tea Party supporters, said an end to the payments would harm people who are fighting the government with few resources.  They described plaintiffs suing because they were denied Social Security benefits or used as “guinea pigs” in nuclear experiments decades ago.  Amendment opponents also point to the law’s several requirements before attorney fees can be awarded.  For example, attorney fees are not available if the federal government’s position was “substantially justified.”