The Sidebar: Supreme Court of the United States

The case of Lackey v. Stinnie, heard on October 8, 2024. The central question concerns whether a preliminary injunction constitutes a "prevailing party" status under Section 1988, allowing for attorney's fee awards. The petitioner argues that a preliminary injunction, being a temporary measure not deciding the case's merits, does not qualify. The respondent counters that obtaining the preliminary injunction's tangible relief and subsequent legislative action constitute prevailing. The justices extensively debate the meaning of "prevailing party" and the implications of granting fees based solely on a preliminary injunction.