Justice Blackmun, concurring in the judgment. For me, the Court’s approach to the difficult problem of an intervenor’s fee liability is not fully satisfying. The Court notes that an intervenor is not like a culpable Title VII defendant because it is not a wrongdoer, and holds that, as a result, the rule that a defendant is presumptively liable for fees if the Title VII plaintiff prevails cannot be applied t…
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