Defending the Equal Access to Justice Act

The Equal Access to Justice Act (“EAJA”) was enacted in 1980 to encourage private parties to pursue legitimate claims against the government, and to deter inadvisable or inappropriate official action, including legal action, by the government, given its high cost for the non-governmental party.  Seniors, veterans, small businesses, and groups representing consumer or environmental interests have used EAJA to bring claims against the government that otherwise would not have been brought because litigants lacked the resources to pay for attorneys and the recovery was too low to cover the costs of litigation and compensate victims.  Pending legislation would destroy EAJA’s ability to protect the interests of everyday Americans. 

Legislative Attacks:  Over the last two years EAJA has faced several legislative attacks, which have been primarily led by Rep. Cynthia Lummis (R-WY). 

During the beginning of the 112th Congress, Rep. Lummis introduced a rider to the Continuing Resolution to fund the government through FY ‘11 which would have cut all attorney’s fees payments under EAJA, gutting the legislation.  With minimal debate, the House passed the rider 232-197, largely along party lines.  Thankfully, the Senate did not include the rider in its version of the legislation and the rider was not included in the final legislation. 

Rep. Lummis has recently introduced new legislation, the Government Litigation Savings Act, which is similarly dangerous, and Sen. Barrasso (R-WY) has introduced accompanying legislation in the Senate.     

Over 100 Groups Oppose the Government Litigation Savings Act (H.R. 1996)

Media Coverage: