Case Citator › Paul v. Virginia

Paul v. Virginia

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of the United States
Citation
75 U.S. 168
Decided
Confirmed treatments
1
Flagged citations read
38 of 38
Citing cases (total)
38
Treatment dates
1944
Overruled in part
A reviewed court has overruled part of this case’s holding. Paul v. Virginia has been overruled in part: the confirmed treatment is listed below. The Supreme Court rejected Paul's rule that insurance transactions cannot be interstate commerce, while later courts continue to cite its separate explanation of the Privileges and Immunities Clause.
More on how this was screened

All 38 flagged citations have been read.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

38 later cases cite Paul v. Virginia; 38 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Paul v. Virginia?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in Part

  • The Supreme Court rejected Paul's rule that issuing insurance policies is outside interstate commerce and held that Congress may regulate insurance business conducted across state lines.

    United States v. South-Eastern Underwriters Assn. · Supreme Court of the United States · filed

    In 1869 this Court held, in sustaining a statute of Virginia which regulated foreign insurance companies, that the statute did not offend the Commerce Clause because 'issuing a policy of insurance is not a transaction of commerce.' Paul v. Virginia, 8 Wall. 168, 183, 19 L.Ed. 357. ... No commercial enterprise of any kind which conducts its activities across state lines has been held to be wholly beyond the regulatory power of Congress under the Commerce Clause. We cannot make an exception of the business of insurance.
    Read the full opinion on CourtListener →

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