Question

Congress wishes to impose regulations on the insurance industry. What test would the United State Supreme Court use to determine whether such regulations would violate the substantive due process rights of insurance companies that would be subject to the regulations? What is the likely outcome of the case?

Answer 1

Answer:

Three part test.

The outcome: if the three requirements are not met, then there is not point the Government should interfere.

At the end, the law will be held.

Explanation:

In some cases, the courts are allowed to protect individual, company or business organization from Government interrupting with these individuals or business organization "fundamental right" and this is the "substantive due process rights " of insurance companies as mentioned in the question above.

The test that the United State Supreme Court can use to determine whether the regulations they want to enact would violate the substantive due process rights of insurance companies is what is known as the THREE PARR TEST.

THE THREE PART TEST has its root from cases such as that of Pasgraf V Long Island Railroad co. The three part test involves three main subjects and they are;

=> foreseeability: are the policies in which insurance companies work going to affect the consumers in the future?

=> proximity: what kind of relationship do the insurance companies have with there consumers?

=> fairness: are these policies just and fair?

CONCLUSION: if the three requirements are not met, then there is not point the Government should interfere.