Cite as: 510 U. S. 517 (1994)
Thomas, J., concurring in judgment
plaintiff, its judgment is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Justice Thomas, concurring in the judgment.
In my view, the Court's opinion is flatly inconsistent with our statutory analysis in Christiansburg Garment Co. v. EEOC, 434 U. S. 412 (1978). Because I disagree with that analysis, however, and because I believe the Court adopts the correct interpretation of the statutory language at issue in this case, I concur in the judgment.
In Christiansburg, the Court interpreted the attorney's fee provision of Title VII of the Civil Rights Act of 1964, which states that "the court, in its discretion, may allow the prevailing party . . . a reasonable attorney's fee . . . as part of the costs . . . ." 42 U. S. C. § 2000e-5(k) (1988 ed., Supp. III). In this case, the Court construes the attorney's fee provision of the Copyright Act of 1976, which states that "the court may . . . award a reasonable attorney's fee to the prevailing party as part of the costs." 17 U. S. C. § 505. As the Court observes, the two provisions contain "virtually identical language." Ante, at 522. After today's decision, however, they will have vastly different meanings.
Under the Title VII provision, a prevailing plaintiff "ordinarily is to be awarded attorney's fees in all but special circumstances," Christiansburg, 434 U. S., at 417, whereas a prevailing defendant is to be awarded fees only "upon a finding that the plaintiff's action was frivolous, unreasonable, or without foundation," id., at 421. By contrast, under the Court's decision today, prevailing plaintiffs and defendants in the copyright context "are to be treated alike," and "attorney's fees are to be awarded to prevailing parties only as a matter of the court's discretion." Ante, at 534.
Interestingly, the Court does not mention, let alone discuss, Christiansburg's statutory analysis. We began that
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