In first case argued today at #SCOTUS, EEOC faced a tough bench on its argument that it shouldn't have to pay attys' fees in a case it lost.
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At times, Justices Kennedy & Sotomayor were skeptical as well, and Justice Thomas also, likely, is skeptical (though he asked no questions).
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It seemed best-case scenario for EEOC would be a reversal with instructions to consider how a proper "prevailing party" rule is applied.
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Another possibility, considered by the Chief, was reversal w resolution that CRST was prevailing party & dist ct to re-consider fees.
End of conversation
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