''United States v. South-Eastern Underwriters Association'', 322 U.S. 533 (1944), is a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
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
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
under the
Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
, 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
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United States corporate law
United States corporate law regulates the governance, finance and power of corporations in US law. Every state and territory has its own basic corporate code, while federal law creates minimum standards for trade in company shares and governanc ...
External links
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United States Constitution Article One case law
United States Supreme Court cases
United States antitrust case law
1944 in United States case law
United States Commerce Clause case law
United States Supreme Court cases of the Stone Court
Insurance in the United States
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