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Extracted Text (OCR)
Cite as: 586 U.S. (2019) 5
BREYER, J., dissenting
as it appeared more than 75 years ago in Sutherland’s
book on statutory construction, says that “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.” Ante, at 9 (citing 2 J. Sutherland, Statu-
tory Construction §§5207-5208 (8d ed. 19438); emphasis
added).
But a canon is at most a rule of thumb. Indeed, Suther-
land himself says that “[n]o single canon of interpretation
can purport to give a certain and unerring answer.” 2
Sutherland, supra, §4501, p. 316. And hornbooks, sum-
marizing case law, have long explained that whether a
reference statute adopts the law as it stands on the date of
enactment or includes subsequent changes in the law to
which it refers is “fundamentally a question of legislative
intent and purpose.” Fox, Effect of Modification or Repeal
of Constitutional or Statutory Provision Adopted by Refer-
ence in Another Provision, 168 A. L. R. 627, 628 (1947);
see also 82 C.J.S., Statutes §485, p. 687 (2009) (“The
question of whether a statute which has adopted another
statute by reference will be affected by amendments made
to the adopted statute is one of legislative intent and
purpose”); id., at 688 (statute that refers generally to
another body of law will ordinarily include subsequent
changes in the adopted law only “as far as the changes are
consistent with the purpose of the adopting statute’).
Thus, all interpretive roads here lead us to the same
place, namely, to context, to history, to purpose, and to
consequences. Language alone cannot resolve the stat-
ute’s linguistic ambiguity.
II
“Statutory interpretation,” however, “is not a game of
blind man’s bluff.” Dole Food Co., 588 U.S., at 484
(BREYER, J., concurring in part and dissenting in part).
We are “free to consider statutory language in light of a
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