Jam v. International Finance Corp. (17-1011)
argument 17-1011Jam v. International Finance Corp.
Supreme Court of the United States
58 min
4 speakers
8 chapters
transcribed 6 days ago
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Transcript
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What is the central legal issue in Jam v. International Finance Corp.?
We'll hear argument next in case seventeen ten eleven, Jam versus International Finance Corporation. Mr Fisher.
Mr Chief Justice, I may it please the court. The IOIA gives international organisations the same immunity from suit as is enjoyed by foreign governments. The plain text of this provision, coupled with the structure of the IOAA and the drafting history, make clear that The same immunity provision gives international organizations the same immunity that foreign governments are entitled to today under the Foreign Sovereign Immunity Act. Starting with the text. My opponents do not dispute that as a general rule, when a statutory provision refers to another body of law, especially as here in the present tense, that body of law is incorporated as of the moment of suit in any given case. And indeed they don't dispute.
I mean, going back forever, don't say quite that. They say that's true as long as the changes are consistent. with the purpose of the adopting statute. And indeed the Indian case You know the word was now. Was it now nineteen thirty four? Or now later. In the case we wrote last term that Justice Gorsuch wrote. Uh, the word was monetary relief. Does that mean as of the past? Or does it mean what we call money relief now? I mean there are many cases like that, and here the word is is. Does the word is refer to the past? is at the moment of passage or later. The two arguments
Mm-hmm.
That are opposite you. Or one? States do many things, nations, many, many things. And so if we take immunity from them, For commercial things. We leave lots of immunity with them. for those other things. But international organisations Some of them Do only one thing. lend money. Or the equivalent. And if we take immunity from them, That is the end of the immunity or close. That is one argument. The second is this. If we decide against you, And we've made a mistake. Or along comes a case where they really should have immunity. the President and the State Department can give it to them. If we decide with you Well If along comes a case where they should enjoy the immunity, No, nobody can do anything. Did I say that correctly?
Have you got the argument? No,
no, no. So I think you gave me two things and then one before it, which was the statutory text.
That's right.
So let me start with the statutory text, Justice Breyer. And the word is in this court's jurisprudence always, always means at the time of suit, not at the time the statute was passed. And we've cited reams of cases to that effect. My opponents cite only one case on the other side, that's an armed career criminal act case. Even there, is didn't mean at the time of suit, it meant at the time of the prior conviction. So is is on our side of this case. The incartiery, which is the now case, the Indian case, the court went out of its way in that opinion to say The insertion of the word now takes us out of the ordinary situation, which is when the reference law applies at the time of suit. And so you can look at uh the Sutherland treatise, which dates back to nineteen oh four on this principle, and look at it in in your own case, Justice Breyer.
I think I was gonna give you one case. It would be the steamboat versus chase case we cited our uh reply brief. Uh that's interpreting the Judiciary Act, which goes all the way back to the founding, of course, and says where the common law is competent to give a remedy, such and such a remedy is permissible. And in Steamboat the court rejected the exact argument the other side makes here, which is, first of all, that the law had to be incorporated at the time of suit, and second of all that there was something different about the common law as to a statute at the time of the enactment. So All of the textual stuff is in our favor. Now you've also asked me two other questions and let me address them. Um so starting with the commercial activity exception as applied to a group like the IFC.
Um When you answer when you think of that question, it's a question of how close you you put the lens into what's going on here.
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Chapters
8 chapters
1
What is the central legal issue in Jam v. International Finance Corp.?
0:02–6:04
2
How does the Court interpret the statutory text of the IOIA and the word “is”?
6:04–13:34
3
Why does the argument focus on the commercial‑activity exception for the IFC?
13:34–20:31
4
What historical and treaty context does the government cite to support virtually absolute immunity?
20:31–28:23
5
How is the President’s authority to waive or reduce immunity explained?
28:23–37:22
6
What are the policy concerns about opening “floodgates” to lawsuits against international organizations?
37:22–44:33
7
Why does the government argue that immunity is functional, not based on sovereign status?
44:33–51:37
8
What final request does the government make to the Court regarding the DC Circuit’s ruling?
51:37–58:39