Yesterday, NRA joined an amicus brief filed in the U.S. Supreme Court in Lackey v. Stinnie to prevent governments that violate constitutional rights from avoiding attorney fee awards by strategically mooting a case before final judgment. NRA joined a brief prepared by the Institute for Free Speech, along with fellow amici Southeastern Legal Foundation, Cato Institute, New Civil Liberties Alliance, Liberty Justice Center, and Second Amendment Foundation.

The issue before the Court is whether plaintiffs who win a preliminary injunction granting their requested relief are “prevailing parties” under 42 U.S.C. § 1988(b)—and thus entitled to attorney fees—when that injunction is never reversed. The amici argue that if such plaintiffs are not “prevailing parties,” governments that violate constitutional rights would be able to avoid attorney fee awards by strategically mooting cases. This would embolden abusive governments and discourage public interest litigation. By contrast, requiring the government to pay attorney fees for violating constitutional rights deters such violations and ensures that civil rights plaintiffs can afford to vindicate their rights through litigation.

Article posted with permission from NRA-ILA

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