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Extracted Text (OCR)
Cite as: 586 U.S. (2019) 7
Opinion of the Court
day. We think petitioners have the better reading of the
statute.
A
The language of the IOIA more naturally lends itself to
petitioners’ reading. In granting international organiza-
tions the “same immunity” from suit “as is enjoyed by
foreign governments,” the Act seems to continuously link
the immunity of international organizations to that of
foreign governments, so as to ensure ongoing parity be-
tween the two. The statute could otherwise have simply
stated that international organizations “shall enjoy abso-
lute immunity from suit,” or specified some other fixed
level of immunity. Other provisions of the IOTA, such as
the one making the property and assets of international
organizations “immune from search,” use such noncom-
parative language to define immunities in a static way. 22
U.S. C. §288a(c). Or the statute could have specified that
it was incorporating the law of foreign sovereign immunity
as it existed on a particular date. See, e.g., Energy Policy
Act of 1992, 80 U.S.C. §242(c)(1) (certain land patents
“shall provide for surface use to the same extent as is
provided under applicable law prior to October 24, 1992”).
Because the IOIA does neither of those things, we think
the “same as” formulation is best understood to make
international organization immunity and foreign sover-
eign immunity continuously equivalent.
That reading finds support in other statutes that use
similar or identical language to place two groups on equal
footing. In the Civil Rights Act of 1866, for instance,
Congress established a rule of equal treatment for newly
freed slaves by giving them the “same right” to make and
enforce contracts and to buy and sell property “as is en-
joyed by white citizens.” 42 U.S. C. §§1981(a), 1982. That
provision is of course understood to guarantee continuous
equality between white and nonwhite citizens with respect
HOUSE_OVERSIGHT_028549
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| Filename | HOUSE_OVERSIGHT_028549.jpg |
| File Size | 0.0 KB |
| OCR Confidence | 85.0% |
| Has Readable Text | Yes |
| Text Length | 1,945 characters |
| Indexed | 2026-02-04T17:04:14.268885 |