Barrera v. West

I have reviewed Judge Steinberg’s articulate dissent, but nevertheless must take issue with it on the following grounds. First, I disagree that there is case precedent that holds that this Court has jurisdiction to consider an award under the Equal Access to Justice Act (EAJA) for work done in the Federal Circuit during a period when this Court was divested of any jurisdiction over the underlying matter. Although an inference could be drawn to that effect from the cited precedent, none of the cited cases directly addresses the jurisdictional question.

Second, even assuming that the Court has'…