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ARDESTANI v. INS Blackmun, J., dissenting

“adjudication, as defined in section 554,” or “adjudication, within the meaning of section 554,” or, more literally, “adjudication, as defined under the heading of section 554.” Because the meaning of “adjudication under section 554” is ambiguous, we consult the EAJA’s legislative history and decide between the two interpretations “in light of [the EAJA’s] purpose to diminish the deterrent effect of seeking review of, or defending against, governmental action.” Sullivan v. Hudson, 490 U. S., at 890 (internal quotation marks omitted). II The EAJA’s purposes are clearly stated. The Report of the House Committee on the Judiciary notes that the high cost of legal assistance and the superior resources and expertise of the Federal Government precluded private parties from challenging or defending against unreasonable governmental action. H. R. Rep. No. 96–1418, pp. 9–10 (1980) (House Report). Fee awards were intended to address this problem: “When there is an opportunity to recover costs,” the Committee noted, “a party does not have to choose between acquiescing to an unreasonable Government order or prevailing to his financial detriment.” Id., at 12. Nor, the Committee observed, would the availability of attorney’s fees vindicate only private interests. Because “a party who chooses to litigate an issue against the Government is not only representing his or her own vested interest but is also refining and formulating public policy,” the Committee recognized, adjudication may ensure the “legitimacy and fairness of the law.” Id., at 10. Thus, removing disincentives to adjudication when the Government acts unreasonably both vindicates individual rights and curbs governmental excesses. Id., at 12. Congress’ description of the scope of “adversary adjudication” focuses on the “adversariness” requirement—the presence or absence of Government representation—rather than on whether or not § 554 technically governs an adjudication.