A 5th U.S. Circuit Court of Appeals ruling that barred a fee award for lawyers who filed a Voting Rights Act challenge to Dallas County’s procedure for appointing election judges makes it harder to win fees as a prevailing party, lawyers say.

The court found that the plaintiffs did not prevail even though the Texas Legislature passed a law changing the appointment method after the suit was filed and the U.S. Supreme Court had vacated a dismissal of the suit.