United States v. South-Eastern Underwriters Ass'n explained

Litigants:United States v. South-Eastern Underwriters Association
Arguedate:January 11
Argueyear:1944
Decidedate:June 5
Decideyear:1944
Fullname:United States v. South-Eastern Underwriters Association, et al.
Usvol:322
Uspage:533
Parallelcitations:64 S. Ct. 1162; 88 L. Ed. 1440; 1944 U.S. LEXIS 1199; 1944 Trade Cas. (CCH) ¶ 57,253
Holding:Congress can regulate insurance under the commerce clause.
Majority:Black
Joinmajority:Douglas, Murphy, Rutledge
Dissent:Stone
Dissent2:Frankfurter
Dissent3:Jackson
Notparticipating:Roberts and Reed
Overturned Previous Case:Paul v. Virginia (1869) (in part).

United States v. South-Eastern Underwriters Association, 322 U.S. 533 (1944), is a United States Supreme Court case in which the Court held that the Sherman Act, the federal antitrust statute, applied to insurance. To reach this decision, the Court held that insurance could be regulated by the United States Congress under the Commerce Clause, overturning Paul v. Virginia. Congress responded by enacting the McCarran-Ferguson Act of 1945 which limited antitrust laws' applicability to the business and assured state authority would continue over insurance.

In his partial dissent at 322 U.S. 588, Justice Robert H. Jackson of the Supreme Court said:

See also