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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Replying to @chrisgeidner
The appeal from the 8th Circuit involves the rare situation where neither side argues that reasoning of the lower court should be upheld.
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Replying to @chrisgeidner
The arguments surround procedural rules and questions about when a defendant can be considered a "prevailing party" in EEOC litigation.
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Replying to @chrisgeidner
Neither side likes 8th Circuit's rule; dispute at
#SCOTUS focused on whether EEOC's case against CRST was dismissed "with prejudice" or not.1 reply 1 retweet 0 likes -
Replying to @chrisgeidner
The Chief Justice and Justices Alito & Breyer were extremely skeptical in their questions about the EEOC's arguments.
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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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.
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