Cite as: 586 U.S. (2019) 1
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Cite as: 586 U.S. (2019) 1
BREYER, J., dissenting
SUPREME COURT OF THE UNITED STATES
No. 17-1011
BUDHA ISMAIL JAM, ET AL., PETITIONERS v.
INTERNATIONAL FINANCE CORPORATION
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
[February 27, 2019]
JUSTICE BREYER, dissenting.
The International Organizations Immunities Act of 1945
extends to international organizations “the same immu-
nity from suit and every form of judicial process as is en-
joyed by foreign governments.” 22 U.S. C. §288a(b). The
majority, resting primarily upon the statute’s language
and canons of interpretation, holds that the statute’s
reference to “immunity” moves with the times. As a con-
sequence, the statute no longer allows international or-
ganizations immunity from lawsuits arising from their
commercial activities. In my view, the statute grants
international organizations that immunity—just as for-
eign governments possessed that immunity when Con-
gress enacted the statute in 1945. In reaching this conclu-
sion, I rest more heavily than does the majority upon the
statute’s history, its context, its purposes, and its conse-
quences. And I write in part to show that, in difficult
cases like this one, purpose-based methods of interpreta-
tion can often shine a useful light upon opaque statutory
language, leading to a result that reflects greater legal
coherence and is, as a practical matter, more sound.
I
The general question before us is familiar: Do the words
of a statute refer to their subject matter “statically,” as it
HOUSE_OVERSIGHT_028559
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