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American Insurance Association v. Garamendi

Docket No.: 02-722
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

American Insurance Association, et al.
John Garamendi, Insurance Commissioner, State of California
539 U.S. 396 (2003)
Question Presented:

1. Whether the HVIRA, which the U.S. government has called an "actualinterference" with U .S. foreign policy, and which affected foreign governments have protested as inconsistent with international agreements, violates the foreign affairs doctrine of Zschernig v. Miller, 389 U.S. 429 (1968). 2. Whether the HVIRA, which attempts to regulate insurance transactions thatoccurred overseas between foreign parties more than half a century ago, exceeds California's legislative jurisdiction under the Due Process Clause. 3. Whether the McCarran-Ferguson Act, 15 U.S.C. ยงยง 1011-1015, insulates the HVIRA from review under the Foreign Commerce Clause. CERT. GRANTED: 1/10/03


Did California's passage of the HVIRA interfere with the federal government's sovereignty over foreign affairs established by Article I of the Constitution?

American Insurance Association v. Garamendi

April 23, 2003

Holding: reversed
Decision: Decision: 5 votes for American Insurance Association, 4 vote(s) against
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