HOUSE_OVERSIGHT_028569.jpg
Extracted Text (OCR)
Cite as: 586 U.S. (2019) 11
BREYER, J., dissenting
sity, included immunity from suit in commercial areas, since
organizations were buying goods and making contracts in
the United States.
To achieve these purposes, Congress enacted legislation
that granted necessarily broad immunity. And that fact
strongly suggests that Congress would not have wanted
the statute to reduce significantly the scope of immunity
that international organizations enjoyed, particularly
organizations engaged in development finance, refugee
assistance, or other tasks that U.S. law could well decide
were “commercial” in nature. See infra, at 12.
To that extent, an examination of the statute’s purpose
supports a static, not a dynamic, interpretation of its
cross-reference to the immunity of foreign governments.
Unlike the purpose of the Civil Rights Act, the purpose
here was not to ensure parity of treatment for interna-
tional organizations and foreign governments. Instead, as
the Court of Appeals for the D.C. Circuit pointed out
years ago, the statute’s reference to the immunities of
“foreign governments” was a “shorthand” for the immuni-
ties those foreign governments enjoyed at the time the Act
was passed. Atkinson v. Inter-American Development
Bank, 156 F. 3d 1335, 1840, 1841 (1998).
Il
Now consider the consequences that the majority's
reading of the statute will likely produce—consequences
that run counter to the statute’s basic purposes. Although
the UN itself is no longer dependent upon the Immunities
Act, many other organizations, such as the FAO and sev-
eral multilateral development banks, continue to rely
upon that Act to secure immunity, for the United States
has never ratified treaties nor enacted statutes that might
extend the necessary immunity, commercial and noncom-
mercial alike.
HOUSE_OVERSIGHT_028569