SCOTUSblog is reporting that Supreme Court Justice Anthony M. Kennedy has asked the city of San Francisco to respond to a plea by the Golden Gate Restaurant Association in their application that San Francisco’s Health Care Security Ordinance is pre-empted by ERISA. Justice Kennedy gave the city of San Francisco until 5pm next Wednesday to respond. The reason this case is noteworthy is that a number of states have recently adopted similar legislation.
SCOTUSblog provides a good summary of the case here.
Prof. Edward A. Zelinsky provides a good discussion of the issues in this case in his recent article, Golden Gate Restaurant Association: Employer Mandates and ERISA Preemption in the Ninth Circuit, available through SSRN.
Technorati Tags: Pension Protection Act, ppa, scotusblog, Edward Zelinsky, Golden Gate Restaurant Assocation, ERISA
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