Buckeye Reporter

The Buckeye Institute has submitted an amicus brief to the U.S. Court of Appeals for the Sixth Circuit in the case of Holman v. Vilsack. The organization is urging the court to uphold access to America's legal system as intended by Congress with the 1980 Equal Access to Justice Act.

David C. Tryon, director of litigation at The Buckeye Institute, emphasized the importance of awarding attorneys' fees: “While awarding attorneys’ fees may seem esoteric, clients with limited financial resources often bring important cases to defend our constitutional rights.” He added that Congress designed these awards to encourage lawyers to represent clients like Mr. Holman in cases defending essential rights.

The brief requests that the full Sixth Circuit reconsider a decision by a three-judge panel which denied Mr. Holman his attorneys' fees, despite his success in obtaining a preliminary injunction against a Biden administration farm loan forgiveness program criticized for basing eligibility solely on race.

Following Mr. Holman's preliminary injunction victory, Congress amended the law to remove racial criteria from eligibility requirements—a second triumph for him. Nevertheless, despite these outcomes and the intentions behind the Equal Access to Justice Act—which "authorizes the award of attorney’s fees and other expenses to certain individuals, small businesses, and other entities who prevail against the federal government in judicial proceedings"—the panel denied his request for legal fees.

Mr. Holman is represented by Mountain States Legal Foundation and Southeastern Legal Foundation in this case.