Sveen v. Melin (16-1432)
argument 16-1432Sveen v. Melin
Supreme Court of the United States
1h 0m
8 speakers
8 chapters
transcribed 5 days ago
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What constitutional question does the Court address in Sveen v. Melin?
We'll hear argument today in case sixteen fourteen
thirty two, Sven versus Mellon. Mr. Yunikowski? Mr. Chief Justice, and may it please the Court, the question before the Court today is whether the application of a revocation on divorce statute to a life insurance policy purchased before the enactment of that statute violates the Contracts Clause.
Could you just um as a preliminary matter, but um after the divorce um but before the owner of the policy died, did he
pay premiums?
Uh I'm I'd have to check. I'm not I'm not sure if he did. He he did pay them before the divorce. I'm not sure if the I I the policy was live at the time of his death. I'm not sure. I think it may have been funded by the premiums that had already been paid on the policy.
That that was just a factual question. Maybe want to introduce your argument and then tell us where what your general outline is going to be.
But I
think
my understanding is that he had already paid in enough into the policy that the policy itself paid the premiums at a certain point. All right, that could be. So I think that's so I don't think he actually paid any more after the divorce.
In the course of your argument, suppose this were the first statute on this subject. Uh, would that make a difference? And then I could add to the hypothetical, suppose the empirical evidence were. such that most people assumed that divorce would not change the beneficiary. Would that change? But I Interrupted you at the first, you might have a broader outline you want to give it.
No, I I I'm happy to answer those questions at the outset. So your your first question is what if this was the first statute on on this issue? Now there was the first ever revocation on divorce statute. Well, I I'd point out that even when the first of these statutes were enacted around thirty years ago, there already were uh a number of statutes, almost universally in fact, that rev that revoked wills upon divorce. So really the the historic purpose of these statutes, according to the Uniform Probate Code, was to align the law of of life insurance policies with the law of will. So we would take the position that even the first of these statutes that was enacted could be applied to existing policies under the the contracts clause.
To turn to your second question, which was what if empirically speaking someone didn't know? So first of all, I I do think that I don't mean to fight the hypothetical, but in this case I think the legislature made the empirical determination that the typical person designates a spouse as a beneficiary because it's the spouse, and when the divorce happens the the calculus changes. On the basis
of what? Where in the record. Where in the record is the basis for their empirical finding.
There's no I mean the legislative history doesn't include any surveys or anything like that.
They were picking up off the uniform uh probate and Code w weren't they? Yes. Minnesota was picking up the model statute. And the model statute started it off and then That is
correct. So Minnesota, like m numerous other states, simply implemented the uniform probate code. I don't think that there is any hearings in the legislative record regarding the empirical findings underlying that that code. I think
I mean it is Uh the this opposition is on divorce. The policy holder will not want the ex spouse to get the policy. But as been pointed out, sometimes Uh There will be uh uh a desire that the beneficiary remain unchanged. It was suggested by the other side that Minnesota could have accomplished this uh in a much better way. That is, they could have made it the condition of every divorce decree that the judge Tell the couple. Life insurance, do you have life insurance? Do you want to leave it as it is or do you want to change it?
Yes, so first of all, no other statute actually does it that way without a revocation on divorce statute. Respondent does cite statutes like that from Virginia and Utah, but those states also have revocation on divorce statutes. These notification requirements are are kind of a supplement to that.
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Chapters
8 chapters
1
What constitutional question does the Court address in Sveen v. Melin?
0:00–7:29
2
How do the parties explain the purpose of the Uniform Probate Code revocation‑on‑divorce statutes?
7:29–14:04
3
Why is the designation of a life‑insurance beneficiary treated as a third‑party beneficiary?
14:04–21:14
4
Does applying the revocation statute retroactively impair the contract’s terms?
21:14–29:27
5
When does the reliance interest in a life‑insurance contract arise for the parties?
29:27–36:20
6
How would the outcome differ if the divorce occurred before the statute was enacted?
36:20–44:14
7
What practical steps must a policyholder take after divorce under the statute?
44:14–52:18
8
What broader implications does this case have for state police power and the Contracts Clause?
52:18–1:00:40