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United States v. South-Eastern Underwriters Ass'n

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1944 United States Supreme Court case

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:

4. Any enactment by Congress either of partial or of comprehensive regulations of the insurance business would come to us with the most forceful presumption of constitutional validity. The fiction that insurance is not commerce could not be sustained against such a presumption, for resort to the facts would support the presumption in favor of the congressional action. The fiction therefore must yield to congressional action, and continues only at the sufferance of Congress. 5. Congress also may, without exerting its full regulatory powers over the subject, and without challenging the basis or supplanting the details of state regulation, enact prohibitions of any acts in pursuit of the insurance business which substantially affect or unduly burden or restrain interstate commerce.

United States antitrust law Statutes and
regulations Supreme Court
case law Sherman Antitrust Act
Section 1 case law Sherman Antitrust Act
Section 2 case law Other Sherman
Antitrust Act cases Interstate Commerce Act
case law Clayton Antitrust Act
case law FTC Act case law Robinson–Patman Act
case law Other cases Other federal
case law Ongoing
litigation ‡ Related topics

‡ date of filing

U.S. Supreme Court Article I

case law

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Section II Qualifications Clauses of Sections II

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III Elections Clause

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Section IV Speech or Debate Clause

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Section VI Origination Clause

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Section VII Presentment Clause

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Section VIII Commerce Clause

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Dormant Commerce Clause Others Coinage Clause

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Legal Tender Cases Copyright Clause

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Copyright Act of 1790 Patent Act of 1793 Patent infringement case law Patentability case law Copyright Act of 1831 Copyright Act of 1870 Sherman Antitrust Act of 1890 International Copyright Act of 1891 Copyright Act of 1909 Patent misuse case law Clayton Antitrust Act of 1914 Lanham Act Copyright Act of 1976 Other copyright cases Other patent cases Other trademark cases Necessary and Proper Clause

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Habeas corpus Suspension Clause

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Section IX No Bills of Attainder or Ex post facto Laws Clause

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Contract Clause

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Section X Legal Tender Cases Others Import-Export Clause

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