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Extracted Text (OCR)
Cite as: 586 U.S. (2019) 9
Opinion of the Court
assume, “absent a clearly expressed legislative intention
to the contrary,” that “the legislative purpose is expressed
by the ordinary meaning of the words used.” American
Tobacco Co. v. Patterson, 456 U.S. 68, 68 (1982) (altera-
tions omitted). Whatever the ultimate purpose of interna-
tional organization immunity may be—the IOIA does not
address that question—the immediate purpose of the
immunity provision is expressed in language that Con-
gress typically uses to make one thing continuously equiv-
alent to another.
B
The more natural reading of the IOJA is confirmed by a
canon of statutory interpretation that was well established
when the IOIA was drafted. According to the “reference”
canon, when a statute refers to a general subject, the
statute adopts the law on that. subject as it exists whenever
a question under the statute arises. 2 J. Sutherland,
Statutory Construction §§5207-5208 (3d ed. 1948). For
example, a statute allowing a company to “collect the same
tolls and enjoy the same privileges” as other companies
incorporates the law governing tolls and privileges as it
exists at any given moment. Snell v. Chicago, 1388 II]. 418,
437-489, 24 N. E. 582, 5387 (1890). In contrast, a statute
that refers to another statute by specific title or section
number in effect cuts and pastes the referenced statute as
it existed when the referring statute was enacted, without
any subsequent amendments. See, e.g., Culver v. People
ex rel. Kochersperger, 161 Ill. 89, 95-99, 43 N. E. 812, 814—
815 (1896) (tax-assessment statute referring to specific
article of another statute does not adopt subsequent
amendments to that article).
Federal courts have often relied on the reference canon,
explicitly or implicitly, to harmonize a statute with an
external body of law that the statute refers to generally.
Thus, for instance, a statute that exempts from disclosure
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