Statutory Fee Shifting in Civil Rights Class Actions: Incentive or Liability?

Professor Greenberg has spoken of the backlash from the courts and Congress
imposing restrictions on the ability to successfully litigate certain types of class
actions to enforce civil rights. Congress placed a further impediment some months
ago when it barred federally financed lawyers from bringing class actions.’ Dire
consequences were predicted.2 What would happen to the hundreds of class actions
then pending? Would they somehow evaporate for lack of legal representation?
Would the actions charging civil rights violations of those seeking wheelchair
accessible entrances to buses and subways be discontinued? What of the class
actions pending in Arizona to speed collection of child support payments from
parents and the cases seeking to redress racial discrimination in public housing
projects?