Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health and Human Resourc — Scalia, J…

Summary

Justice Scalia concurred in the Court's judgment and reasoning, elaborating on the traditional meaning of "prevailing party" in federal fee-shifting statutes and rejecting the catalyst theory. He argues that "prevailing party" requires an enforceable judicial determination of liability, not merely a change in conduct caused by the lawsuit. Justice Ginsburg, dissenting, criticized this view as inconsistent with legislative history and Circuit precedent.