Personhuballah v. Alcorn

I agree with the quantum of fees and costs27 awarded in the majority opinion as against the Defendants before they abandoned the defense of the redistricting statute at issue in this case. However, I do not agree that the Intervenor-Defendants are liable for any fees because, as explained below, I understand the Supreme Court’s decision in Indep. Fed’n of Flight Attendants v. Zipes, 491 U.S. 754, 109 S.Ct. 2732, 105 L.Ed.2d 639 (1989) to foreclose such an award against the Intervenor-Defen-dants. Thus, I respectfully dissent from that part of the majority opinion.

I

In Zipes, the Supreme Court…