City of Edmonds v. Oxford House, Inc., 514 U.S. 725, 18 (1995)

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742

CITY OF EDMONDS v. OXFORD HOUSE, INC.

Thomas, J., dissenting

A

As an initial matter, I do not agree with the majority's interpretive premise that "this case [is] an instance in which an exception to 'a general statement of policy' is sensibly read 'narrowly in order to preserve the primary operation of the [policy].' " Ante, at 731-732 (quoting Commissioner v. Clark, 489 U. S. 726, 739 (1989)). Why this case? Surely, it is not because the FHA has a "policy"; every statute has that. Nor could the reason be that a narrow reading of 42 U. S. C. § 3607(b)(1) is necessary to preserve the primary operation of the FHA's stated policy "to provide . . . for fair housing throughout the United States." § 3601. Congress, the body responsible for deciding how specifically to achieve the objective of fair housing, obviously believed that § 3607(b)(1)'s exemption for "any . . . restrictions regarding the maximum number of occupants permitted to occupy a dwelling" is consistent with the FHA's general statement of policy. We do Congress no service—indeed, we negate the "primary operation" of § 3607(b)(1)—by giving that congressional enactment an artificially narrow reading. See Rodriguez v. United States, 480 U. S. 522, 526 (1987) (per curiam) ("[I]t frustrates rather than effectuates legislative intent simplistically to assume that whatever furthers the statute's primary objective must be law"); Board of Governors, FRS v. Dimension Financial Corp., 474 U. S. 361, 374 (1986) ("Invocation of the 'plain purpose' of legislation at the expense of the terms of the statute itself . . . , in the end, prevents the effectuation of congressional intent").4

4 The majority notes "precedent recognizing the FHA's 'broad and inclusive' compass, and therefore according a 'generous construction' to the Act's complaint-filing provision." Ante, at 731 (quoting Trafficante v. Metropolitan Life Ins. Co., 409 U. S. 205, 209, 212 (1972)). What we actually said in Trafficante was that "[t]he language of the Act is broad and inclusive." Id., at 209. This is true enough, but we did not "therefore" accord a generous construction either to the FHA's "antidiscrimination

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