Under the Civil Rights Attorney’s Fees Award Act of 1976, plaintiffs collect fees if they win even in part, but pay no fees if they lose. That puts a bludgeon in the hands of objectors in church-state lawsuits (as well as in many other kinds of lawsuits characterized as being about civil rights). Rep. John Hostettler of Indiana has introduced the Public Expression of Religion Act, a bill that would attempt to level the playing field as regards claims of religion-related civil rights violations by public officials. It would do so, however, by eliminating fee entitlements entirely; that would indeed deprive long-shot suits of much of their in terrorem effect, but at the cost of undercutting valid claims brought under the act. Why not take a look at moving toward full two-way fee shifting instead? (Christopher Levenick, “High Noon at Sunrise Rock”, WSJ/OpinionJournal.com, May 27).
One-way fee shifting and religious litigation
Under the Civil Rights Attorney’s Fees Award Act of 1976, plaintiffs collect fees if they win even in part, but pay no fees if they lose. That puts a bludgeon in the hands of objectors in church-state lawsuits (as well as in many other kinds of lawsuits characterized as being about civil rights). Rep. John […]
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