Petition for attorney fees under the Equal Access to Justice Act (EAJA); Effect of Congress’s repeal of the program plaintiff challenged before he received the final judgment; A “prevailing party”; Whether the government’s litigating position was “substantially justified”; 28 USC § 2412(d)(1)(A)

In an order, the court denied a petition for rehearing en banc in a case (see e-journal # 82363 in the 10/7/24 edition) in which the original panel held that the government’s position during the “litigation was ‘substantially justified’ within the” meaning of the EAJA.