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U.S. v. UNDERWRITERS ASSN.

No. 354.

322 U.S. 533 (1944)

UNITED STATES v. SOUTH-EASTERN UNDERWRITERS ASSOCIATION ET AL.

Supreme Court of United States.

Decided June 5, 1944.

Attorney(s) appearing for the Case

Attorney General Biddle, with whom Solicitor General Fahy, Assistant Attorney General Berge, and Messrs. Robert L. Stern, Frank H. Elmore, Jr., and Manuel M. Gorman were on the brief, for the United States.

Messrs. John T. Cahill and Dan MacDougald, with whom Messrs. Thurlow M. Gordon, Neil C. Head, Jerrold G. Van Cise, and Howard C. Wood were on the brief, for appellees.

Briefs were filed (1) on behalf of the States of Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, South Dakota, Tennessee, Utah, Vermont, Washington, Wisconsin and West Virginia, and (2) on behalf of the State of Virginia, as amici curiae, urging affirmance.

MR. JUSTICE BLACK delivered the opinion of the Court.

For seventy-five years this Court has held, whenever the question has been presented, that the Commerce Clause of the Constitution does not deprive the individual states of power to regulate and tax specific activities of foreign insurance companies which sell policies within their territories. Each state has been held to have this power even though negotiation and execution of the companies' policy contracts involved...

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