Supreme Court of the United States
Scarborough v. Principi
May 3, 2004541 U.S. 401
Summary
Justice Thomas, with Justice Scalia joining, dissenting, argues that the 30-day deadline in the Equal Access to Justice Act applies to the allegation that the government’s position was not substantially justified. He concludes that the relation-back doctrine cannot cure the omission because EAJA conditions fees on the government’s waiver of sovereign immunity, which must be strictly construed. Justice Thomas criticizes the majority for distorting Irwin v. Department of Veterans Affairs.