Docket No.: 02-722 Topics:
Certiorari Granted: Jan 10 2003
Argued: April 23, 2003
Decided: June 23, 2003
Article 2, Section 1: Executive Power, Federalism, Article I, Civil Procedure, Commerce Clause, First Amendment, National Labor Relations Act, Supremacy Clause, equitable relief, preemption, preliminary injunction, privacy, retaliation, separation of powers
PartyNames: American Insurance Association, et al. v. John Garamendi, Insurance Commissioner, State of California
Petitioner: American Insurance Association, et al.
Respondent: John Garamendi, Insurance Commissioner, State of California
Court Below: United States Court of Appeals for the Ninth Circuit
Citation: CA 9, 296 F.3d 832. QUESTIONS PRESENTED: California's Holocaust Victim Insurance Relief Act ("HVIRA") requires Californiainsurers to provide extensive information regarding every insurance policy issued in Nazi-dominated Europe between 1920 and 1945 by any insurer with which theCalifornia insurer now has a legal relationship. The district court enjoined enforcement of the Act on three constitu tional grounds: interference with the federal government's power over foreign affairs, due process, and the Foreign Commerce Clause. Over the objections of the U.S .government and affected foreigngovernments, and in direct conflict with Gerling Global Reinsurance Corp. v .
Lower Court Decision
Supreme Court Docket