STATEMENT ON LACKEY, COMMISSIONER OF THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES v. STINNIE ET AL
Today, the U.S. Supreme Court issued a decision in Lackey v. Stinnie.
The decision sided with the government, saying that people who win preliminary court relief against unconstitutional laws that hurt them cannot recover attorney’s fees when the case goes away before a final decision—even when that’s because the government surrenders by getting rid of the unconstitutional law.
The Court’s decision is a devastating blow to civil rights enforcement. The Civil Rights Attorney’s Fee Awards Act was meant to ensure that all Americans can find legal representation when the government violates their rights.
For almost fifty years, the law has recognized the importance of allowing civil rights plaintiffs who prevail in court to ask the governmental wrongdoer to pay for the costs of litigation. In enacting the attorney’s fees statute, Congress sought to make sure that everyday people could vindicate their federal rights in court, even if they could not afford the costs of litigation.
Today’s decision ignores Congress’s intent, the plain text of the statute, and the settled judgment of eleven circuit courts of appeal, all of which agreed that some preliminary injunctions entitled plaintiffs to “prevailing party” status. A categorical bar to fee eligibility invites gamesmanship by the government, which ultimately leaves people with no practical remedy for violations of their constitutional and other federal rights because they can’t afford to pay an attorney to engage in years of expensive litigation against a defendant who can marshal all the resources of the government.
“The predictable result of today’s decision will mean more civil rights violations and fewer remedies, with fewer lawyers willing to challenge the government knowing they will be left with the bill even when they leave court with everything their clients asked for,” said Angela Ciolfi, Executive Director of the Legal Aid Justice Center, which along with McGuireWoods represented the plaintiffs/respondents in the case.
The Court’s decision today will deprive many victims of civil rights violations of access to justice. Congress should act immediately to protect the right of effective access to the courts.
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