American Insurance Association v. Garamendi, 539 U.S. 396, 18 (2003)

Page:   Index   Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Cite as: 539 U. S. 396 (2003)

Opinion of the Court

the Act violated neither the foreign affairs nor the foreign commerce powers, id., at 849. Given the importance of the issue,6 we granted certiorari, 537 U. S. 1100 (2003), and now reverse.7

III

The principal argument for preemption made by petitioners and the United States as amicus curiae is that HVIRA interferes with foreign policy of the Executive Branch, as expressed principally in the executive agreements with Germany, Austria, and France. The major premises of the argument, at least, are beyond dispute. There is, of course, no question that at some point an exercise of state power that touches on foreign relations must yield to the National Government's policy, given the "concern for uniformity in this country's dealings with foreign nations" that animated the Constitution's allocation of the foreign relations power to the National Government in the first place. Banco Nacional de Cuba v. Sabbatino, 376 U. S. 398, 427, n. 25 (1964); see Crosby v. National Foreign Trade Council, 530 U. S. 363,

6 Several other States have passed laws similar to HVIRA. See Holocaust Victims Insurance Act, Fla. Stat. § 626.9543 (Cum. Supp. 2003); Holocaust Victims Insurance Act, Md. Ins. Code Ann. §§ 28-101 to 28-110 (2002); Holocaust Victims Insurance Relief Act of 2000, Minn. Stat. § 60A.053 (Cum. Supp. 2003); Holocaust Victims Insurance Act of 1998, N. Y. Ins. Law §§ 2701-2711 (Consol. 2000); Holocaust Victims Insurance Relief Act of 1999, Wash. Rev. Code §§ 48.104.010-48.104.903 (2003); see also Ariz. Rev. Stat. Ann. § 20-490 (West Cum. Supp. 2003); Tex. Ins. Code Ann., Art. 21.74 (Vernon 2003). And similar bills have been proposed in other States. See, e. g., Mass. Senate Bill No. 843 (Jan. 1, 2003).

7 Two petitions for certiorari were filed, one by the petitioners in this case (No. 02-722), and one, raising additional issues, by the Gerling Companies (No. 02-733), which were also appellees below. Our grant of certiorari in No. 02-722 encompassed three of the questions addressed by the Ninth Circuit: whether HVIRA intrudes on the federal foreign affairs power, violates the self-executing element of the Foreign Commerce Clause, or exceeds the State's "legislative jurisdiction." Pet. for Cert. I. Because we hold that HVIRA is preempted under the foreign affairs doctrine, we have no reason to address the other questions.

413

Page:   Index   Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: October 4, 2007