Richard v. Hinson

DUHÉ, Circuit Judge:

Petitioner argues that a provision of the Equal Access to Justice Act violates the equal protection rights of individuals with a net worth of over $2 million. He asks that we declare the provision unconstitutional and award him fees and expenses. We decline.

FACTS

A Federal Aviation Administration Administrator ordered the emergency revocation of petitioner’s airman certificate. Eventually, all charges were dismissed by the National Transportation Safety Board (NTSB) and petitioner’s certificate was reinstated. Petitioner applied for attorney’s fees and expenses pursuant to…