Cite as: 532 U. S. 598 (2001)
Scalia, J., concurring
ing of that term in the litigation context can conceivably support.
The dissent points out that petitioners' object in bringing their suit was not to obtain "a judge's approbation," but to "stop enforcement of a [West Virginia] rule," post, at 634; see also Hewitt, supra, at 761. True enough. But not even the dissent claims that if a petitioner accumulated attorney's fees in preparing a threatened complaint, but never filed it prior to the defendant's voluntary cessation of its offending behavior, the wannabe-but-never-was plaintiff could recover fees; that would be countertextual, since the fee-shifting statutes require that there be an "action" or "proceeding," see 42 U. S. C. §§ 3613(d), 1988(b) (1994 ed., Supp. V)—which in legal parlance (though not in more general usage) means a lawsuit. See post, at 643 (concluding that a party should be deemed prevailing as a result of a "postcomplaint payment or change in conduct" (emphasis added)). Does that not leave achievement of the broad congressional purpose identified by the dissent just as unsatisfactorily incomplete as the failure to award fees when there is no decree? Just as the dissent rhetorically asks why (never mind the language of the statute) Congress would want to award fees when there is a judgment, but deny fees when the defendant capitulates on the eve of judgment; so also it is fair for us to ask why Congress would want to award fees when suit has been filed, but deny fees when the about-to-be defendant capitulates under the threat of filing. Surely, it cannot be because determination of whether suit was actually contemplated and threatened is too difficult. All the proof takes is a threatening letter and a batch of timesheets. Surely that obstacle would not deter the Congress that (according to the dissent) was willing to let district judges pursue that much more evasive will-o'-the-wisp called "catalyst." (Is this not why we have district courts?, asks the dissent, post, at 639- 640.) My point is not that it would take no more twisting
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