Mary Terese Grace and Thaddeus Zwicki v. Warren E. Burger, Chief Justice of the United States Supreme Court

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

This is an appeal from the district court’s denial of a motion for attorney’s fees and expenses made under the Equal Access to Justice Act, 28 U.S.C. § 2412(b), (d) (1982). The motion followed pursuit of a first amendment challenge to the enforcement of a federal statute, 40 U.S.C. § 13k, which proscribed expressive displays on Supreme Court grounds. See United States v. Grace, 461 U.S. 171, 103 S.Ct. 1702, 75 L.Ed.2d 736 (1983), aff'g in part and vacating in part Grace v. Burger, 665 F.2d 1193 (D.C.Cir.1981) (2-1).…