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6 canonical passages across 4 cases, quoted by 43 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Ruby May HADDEN, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellant.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Ruby May HADDEN, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellant Anchor | green | “the government's success or failure on the merits at each level may be evidence of whether its position was substantially justified, but that success or failure alone is not determinative of the issue.” | 15 |
| 2 | Cherry v. Barnhart | green | “when an area of law is 'unclear or in flux, it is more likely that the government's position will be substantially justified.” | 9 |
| 3 | Ruby May HADDEN, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellant | green | “can be 'justified to a degree that could satisfy a reasonable person.” | 8 |
| 4 | Koch v. United States | green | “the fact that multiple courts at both the circuit and district-court level agreed with the commissioner's position on this issue supports that it had a reasonable basis in law and fact.” | 4 |
| 5 | Lopez v. Berryhill | green | “burden of demonstrating that the government's position was substantially justified.” | 4 |
| 6 | Lopez v. Berryhill | green | “a court shall award to a prevailing plaintiff fees and other expenses . . . unless the court finds that the position of the united states was substantially justified or that special circumstances make an award unjust.” | 3 |
A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.