Legal Definitions - position of the United States

The term position of the United States refers to the official legal stance or argument taken by the federal government in a lawsuit. This includes the legal justifications, interpretations of law, and factual claims that a federal agency or department presents when it is involved in litigation.

This concept is particularly important in cases involving the Equal Access to Justice Act (EAJA). The EAJA is a federal law designed to help individuals, small businesses, and organizations recover their legal fees and expenses when they prevail in a lawsuit against the U.S. government, provided that the government's own legal position in the case was not "substantially justified" (meaning it was unreasonable or lacked a strong basis in law and fact).

Here are a few examples illustrating the "position of the United States":

• Example 1: Small Business vs. the IRS

  A small family-owned bakery is audited by the Internal Revenue Service (IRS) and assessed a significant tax penalty. The bakery believes the penalty is based on a misinterpretation of a tax code provision and sues the IRS. In court, the IRS argues that its interpretation of the tax code is correct and that the penalty was properly applied. This specific legal argument and defense constitutes the position of the United States. If the bakery wins the lawsuit and the court finds that the IRS's legal interpretation was not substantially justified, the bakery might be able to recover its attorney's fees under the EAJA.

• Example 2: Environmental Group vs. the Army Corps of Engineers

  An environmental advocacy group challenges a permit issued by the U.S. Army Corps of Engineers for a large development project, arguing that the Corps did not adequately assess the environmental impact as required by federal law. The Army Corps of Engineers defends its decision in court, presenting legal arguments that its environmental review was thorough and compliant with all regulations. This defense represents the position of the United States. If the environmental group prevails and the court determines that the Corps's justification for issuing the permit was unreasonable, the government could be ordered to pay the group's legal costs.

• Example 3: Individual vs. the Social Security Administration

  An individual applies for Social Security disability benefits, but their application is denied by the Social Security Administration (SSA). After exhausting administrative appeals, the individual sues the SSA in federal court, arguing that the agency's decision was not supported by sufficient medical evidence. The SSA's lawyers present arguments defending the agency's denial, asserting that their decision was consistent with the medical records and legal standards for disability. This legal defense is the position of the United States. If the court rules in favor of the individual, finding that the SSA's denial was not substantially justified, the individual may be reimbursed for their legal expenses through the EAJA.