October Term 2003 · Docket 02-1657
Does a missed 30-day deadline bar attorney fee claims?
A veteran seeks court fees after winning a disability case. The government argues he missed the filing deadline.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Brian Wolfman argued for the veteran. He cited a prior case to support his position. He emphasized the government's clear error.
The government lawyer argued for strict compliance. He cited cases enforcing time limits. He stressed the finality of the deadline.
The veteran's lawyer referenced a specific Supreme Court case. He used it to counter the government's strict deadline argument.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 26, lines 7-33 — Transcript, file page 26, lines 7-33
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 51, lines 21-47 — Transcript, file page 51, lines 21-47
- Official Supreme Court Transcript — file page 53, lines 23-21 — Transcript, file page 53, lines 23-21
- Official Supreme Court Transcript — file page 55, lines 23-27 — Transcript, file page 55, lines 23-27
A citizen's guide to the whole case
What this case is about
This case tests whether a strict time limit blocks fee requests. The veteran claims his win proves the government acted wrongly. The government insists the deadline is absolute.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 7-33 — Transcript, file page 26, lines 7-33
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 51, lines 21-47 — Transcript, file page 51, lines 21-47
- Official Supreme Court Transcript — file page 53, lines 23-21 — Transcript, file page 53, lines 23-21
How the case got here
The Supreme Court heard oral argument in this case on February 23, 2004.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 55, lines 23-27 — Transcript, file page 55, lines 23-27
What each side wants
The veteran wants the court to award his lawyer fees. He argues his win proves the government acted unreasonably.
The government wants the court to deny the fee request. It argues the veteran missed the strict 30-day filing deadline.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 7-33 — Transcript, file page 26, lines 7-33
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 51, lines 21-47 — Transcript, file page 51, lines 21-47
- Official Supreme Court Transcript — file page 53, lines 23-21 — Transcript, file page 53, lines 23-21
What each side says
The veteran argues his victory shows the government made a clear error. He believes this justifies paying his legal costs.
The government argues the law sets a strict 30-day limit. It claims missing this deadline automatically bars fee recovery.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 7-33 — Transcript, file page 26, lines 7-33
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 51, lines 21-47 — Transcript, file page 51, lines 21-47
- Official Supreme Court Transcript — file page 53, lines 23-21 — Transcript, file page 53, lines 23-21
What the justices asked
Chief Justice Rehnquist asked if the case was submitted. He signaled the end of the oral argument session.
Official sources for this section
- Official Supreme Court Transcript — file page 55, lines 23-27 — Transcript, file page 55, lines 23-27
Why it matters
This dispute defines how strictly courts enforce fee deadlines. It affects whether lawyers get paid for winning government cases. It shapes the cost of challenging federal agencies.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 7-33 — Transcript, file page 26, lines 7-33
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 51, lines 21-47 — Transcript, file page 51, lines 21-47
- Official Supreme Court Transcript — file page 53, lines 23-21 — Transcript, file page 53, lines 23-21
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 55, lines 23-27 — Transcript, file page 55, lines 23-27
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 26, lines 7-33 — Transcript, file page 26, lines 7-33
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 51, lines 21-47 — Transcript, file page 51, lines 21-47
- Official Supreme Court Transcript — file page 53, lines 23-21 — Transcript, file page 53, lines 23-21
- Official Supreme Court Transcript — file page 26, lines 7-33 — Transcript, file page 26, lines 7-33
- Official Supreme Court Transcript — file page 3, lines 17-43 — Transcript, file page 3, lines 17-43
- Official Supreme Court Transcript — file page 51, lines 21-47 — Transcript, file page 51, lines 21-47
- Official Supreme Court Transcript — file page 53, lines 23-21 — Transcript, file page 53, lines 23-21
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.