Scarborough v. Principi

Summary

Justice Ginsburg, writing for seven Justices, held that a timely Equal Access to Justice Act fee application may be amended after the 30-day filing period to supply an omitted allegation that the Government's position was not substantially justified. The Court held that the filing deadline and application-content requirements are not jurisdictional and applied the relation-back doctrine to permit the amendment. It rejected the argument that sovereign immunity required a different result and reversed and remanded for consideration of the application on its merits. Justice Thomas dissented, joined by Justice Scalia, reasoning that the allegation was required within 30 days and that strict construction of the Government's sovereign-immunity waiver foreclosed relation back without statutory authorization.