536
Thomas, J., concurring in judgment
analysis by considering the Christiansburg petitioner's argument:
"Relying on what it terms 'the plain meaning of the statute,' [petitioner] argues that the language of [the attorney's fee provision] admits of only one interpretation: 'A prevailing defendant is entitled to an award of attorney's fees on the same basis as a prevailing plaintiff.' " 434 U. S., at 418.
We summarily rejected this contention, stating that "the permissive and discretionary language of the statute does not even invite, let alone require, such a mechanical construction." Ibid. We opined that the language "provide[s] no indication whatever of the circumstances under which either a plaintiff or a defendant should be entitled to attorney's fees." Ibid. (emphasis deleted). Turning to the "equitable considerations" embodied in the statute's policy objectives and legislative history, id., at 418-420, we stated that those considerations counseled against petitioner's position—a position we concluded was "untenable," id., at 419.
Today, confronting a provision "virtually identical" to that at issue in Christiansburg, the Court adopts precisely the interpretation that Christiansburg rejected as "mechanical" and "untenable." The Court states that "the plain language of § 505 supports petitioner's claim for disapproving the dual standard," ante, at 533, and that the language "gives no hint that successful plaintiffs are to be treated differently from successful defendants," ante, at 522. Thus, the Court replaces the "dual" standard adopted by the Ninth Circuit with an "evenhanded" approach, under which district courts will apply the same standard to prevailing plaintiffs and defendants when deciding whether to award fees. Ante, at 534- 535, and n. 19.
It is difficult to see how the Court, when faced with "virtually identical" language in two provisions, can hold that a given interpretation is required by the "plain language" in
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