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: