American Insurance Association v. Garamendi, 539 U.S. 396, 5 (2003)

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state insurance laws under the commerce power, whether dormant or exercised, see, e. g., Department of Treasury v. Fabe, 508 U. S. 491, 499- 500, and it cannot plausibly be read to address preemption by executive conduct in foreign affairs. Nor is HVIRA authorized by the Holocaust Commission Act, which set up a Presidential Commission to study Holocaust-era assets that came into the Government's control, 3(a)(1), and directed the Commission to encourage state insurance commissioners to prepare a report on the Holocaust-related claims practices of all insurance companies doing business in this country after January 30, 1933, 3(a)(4)(A). The Commission's focus was limited to assets held by the Government, and the Act's reference to the state insurance commissioners' report was expressly limited "to the degree the information is available," 3(a)(4)(B), which can hardly be read to condone state sanctions interfering with federal efforts to resolve claims. Finally, Congress has done nothing to express disapproval of the President's policy. Given the President's considerable independent authority in this area, Congress's silence cannot be equated with disapproval. Pp. 427-429.

296 F. 3d 832, reversed.

Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, and Breyer, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Stevens, Scalia, and Thomas, JJ., joined, post, p. 430.

Kenneth S. Geller argued the cause for petitioners. With him on the briefs were John J. Sullivan, Stephen M. Shapiro, Neil M. Soltman, Peter Simshauser, William H. Webster, Linda Dakin-Grimm, and Sally Agel. Frederick W. Reif filed briefs for respondents Gerling Companies urging reversal. With him on the briefs were Dina G. Daskalakis, Keith D. Barrack, George L. O'Connell, and Timothy P. Grieve.

Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae urging reversal. With him on the briefs were Acting Solicitor General Clement, Assistant Attorney General McCallum, Barbara McDowell, Mark B. Stern, Douglas Hallward-Driemeier, and William H. Taft IV.

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