Clarence Thomas

“ 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 one instance, but reject that same interpretation as "mechanical" and "untenable" in the other. After today's decision, Congress could employ the same terminology in two different attorney's fee statutes, but be quite uncertain as to whether the Court would adopt a " dual" standard (that is, reject the "mechanical" construction) , or apply an " evenhanded" rule (that is, adopt the "plain meaning") . ”

“ 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." ”

“ The Court's analysis, however, rests on the mistaken premise—a premise implicit in Christiansburg--that whether we construe a statute in accordance with its plain meaning depends upon the statute's policy objectives and legislative history. Although attorney's fee provisions may be interpreted "in light of the competing equities that Congress normally takes into account," Zipes, supra, at 761, those "equities" cannot dictate a result that is contrary to the statutory language. %Our task is to apply the text, not to improve upon it." ”