The Yale Law Journal

Wiley Kersh

Article

The Weaponization of Attorney’s Fees in an Age of Constitutional Warfare

Rebecca Aviel & Wiley Kersh

States are using the threat of catastrophic, one-sided fee awards to evade judicial review in controversial areas like abortion and gun control. Litigants challenging such laws—and their attorneys—face liability for the opposing party’s legal fees, while the state and its ideological allies bear no …