United States First Circuit

In this follow-up to a successful constitutional challenge to Section 3 of the Defense of Marriage Act (DOMA), plaintiffs allege that they are entitled to fees under the Equal Access to Justice Act (EAJA). The district court's denial of fees and costs is affirmed, where: 1) denial of fees was correct as a matter of law because the government reasonably believed its actions were constitutionally appropriate given the circumstances; and 2) denial of costs without comment was not an abuse of discretion because the reason for the denial - that the case was "close and difficult" - was readily apparent on the face of the record.

Appellate Information

• Decided 09/23/2014
• Published 09/23/2014

Judges

• Lynch

Court

• United States First Circuit

Counsel