In the case of NATIONAL RIFLE ASSOCIATION OF AMERICA, INC., et al. (Plaintiffs-Appellants) v. CITY OF CHICAGO, ILLINOIS, and VILLAGE OF OAK PARK, ILLINOIS (Defendants-Appellees) it is more like a game official deciding if the ball is dead. Chicago and Oak Park, IL, argued it was dead in the case of McDonald v. Chicago, 130 S. Ct. 3020 (2010) and the plaintiffs argued it was not and thus they deserved to receive legal fees from the defendants. It turned on where the case was when the two local governments changed their gun control laws. A US District Court ruled that since the two entities acted quickly to heal their Constitutional
The Seventh Circuit saw it differently. While the case never went to court, the power of the US Supreme Court was such that both municipalities threw in the towel.
This litigation was over except for the entry of an injunction by the district court. Chicago and Oak Park capitulated, which made the exercise unnecessary. By the time defendants bowed to the inevitable, plaintiffs had in hand a judgment of the Supreme Court that gave them everything they needed. If a favorable decision of the Supreme Court does not count as “the necessary judicial imprimatur” on the plaintiffs’ position (Buckhannon, 532 U.S. at 605), what would?Then there was the appeal. The Seventh Circuit ruled:
The district court’s decision is reversed, and the cases are remanded for awards of reasonable attorneys’ fees under §1988.Is this the end? Probably not, given that it is the courts, which is worse than a bickering couple. There will always be work for accountants and lawyers.
A hat tip to the Instapundit, and my thanks to Reason:  Hit and Run.
Regards — Cliff